Citation Nr: 21063206 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 19-12 952 DATE: October 13, 2021 REMANDED Entitlement to service connection for peripheral neuropathy, bilateral upper extremities, to include as due to herbicide exposure is remanded. Entitlement to service connection for peripheral neuropathy, bilateral lower extremities, to include as due to herbicide exposure is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from October 1969 to October 1989. In July 2021, the Veteran failed to appear for a video conference hearing before a Veterans Law Judge. He has not provided good cause for his absence or requested the hearing to be rescheduled. As the Veteran was properly notified of the time, date, and location of his scheduled hearing and failed to appear, his hearing request is deemed withdrawn and the Board may commence appellate review. See 38 C.F.R. § 20.1304. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. Because the January 2019 decision represents a full grant of the benefits sought, service connection for PTSD is no longer on appeal. Accordingly, as there remains no justiciable case or controversy currently before the Board as contemplated by 38 U.S.C. § 7104, the appeal is dismissed. While the Board notes that the Veteran has sought an increased rating claim for PTSD, the Veteran has appealed his claim under the AMA appeal stream. Therefore, the Board does not have the jurisdiction to adjudicate his increased rating PTSD claim. 1. Entitlement to service connection for peripheral neuropathy, bilateral upper extremities, to include as due to herbicide exposure is remanded. 2. Entitlement to service connection for peripheral neuropathy, bilateral lower extremities, to include as due to herbicide exposure is remanded. The Veteran appeals the denial of service connection for peripheral neuropathy of the bilateral upper and lower extremities. Early-onset neuropathy is a disability subject to presumptive service connection due to herbicide exposure. 38 C.F.R. § 3.309(e). However, for a Veteran to be entitled to service connection for early-onset neuropathy pursuant to the presumption of herbicide exposure, the Veteran's neuropathy must have become manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active military, naval or air service. 38 C.F.R. § 3.307(a)(6)(ii). In the instant case, the record does not reflect the Veteran has acute and subacute peripheral neuropathy or early-onset peripheral neuropathy. Nevertheless, service connection may still be established with proof of direct causation. Combee v. Brown, 34 F.3d 1039, 1042 (Fed. Cir. 1994). Here, the Veteran's medical records indicate that he has a diagnosis of peripheral neuropathy. See November 2015 Private Medical Records. Additionally, VA has conceded herbicide exposure. See e.g., Military Personnel Records. To date, the Veteran has not been afforded a VA examination for the claimed condition. The Board finds that the evidence of record is sufficient to have triggered VA's duty to assist in providing the Veteran with a VA examination. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). Therefore, a remand for a VA examination is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for appropriate VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the nature and etiology of his neuropathy of the upper and lower extremities. The claims file should be made available to and reviewed by the examiner and all necessary tests should be performed. After reviewing the claims file and examining the Veteran, the examiner must clarify the Veteran's diagnosis and determine the etiology of his bilateral peripheral neuropathy of the lower and upper extremities. The examiner must opine whether the Veteran's peripheral neuropathy is at least as likely as not (50 percent probability or greater) began in service, was caused by service or is otherwise etiologically related to service, to include his conceded in-service herbicide exposure. The examiner is advised that a negative opinion cannot be based solely on the fact that the disability is not on the list of diseases that are presumptively associated with exposure to herbicide agents. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be taken into account in formulating the requested opinion. 2. Then, after conducting any other development deemed necessary, readjudicate the Veteran's claims. If any benefits sought on appeal remain denied, provide the Veteran and his representative with a supplemental statement of the case, and allow an appropriate time for response. Thereafter, return the case to the Board. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Adeleke, T. The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.