Citation Nr: 21064044
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 16-36 169
DATE: October 18, 2021

REMANDED

Entitlement to service connection for right lower extremity peripheral neuropathy is remanded.

Entitlement to service connection for left lower extremity peripheral neuropathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1965 to November 1967.

In June 2021, the Board remanded the issues on appeal for further development, and the case has since been returned to the Board. The Board finds that the AOJ has not substantially complied with the remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for bilateral lower extremity peripheral neuropathy is remanded.

In the June 2021 Board remand, the Board directed the AOJ to provide the Veteran with an examination and accompanying opinion. Specifically, the examiner was asked if it was at least as likely as not that the peripheral neuropathy of the bilateral lower extremities manifested within one year after the Veteran's last in-service exposure to an herbicide agent.

In response, an opinion was provided in August 2021. However, it is not clear to the Board as to when the examiner believes the Veteran's onset occurred. Indeed, the examiner states "The peripheral neuropathy associated with Agent Orange exposure begins within one year of the last in-service exposure, and to date there is insufficient evidence for a delayed onset form of neuropathy.  Since this veteran's symptoms did not begin until almost 50 years after exposure to Agent Orange, presumptive service connection is not feasible."

Accordingly, a remand is required for an addendum clarification. Further, the Board also notes that while the examiner provided a direct opinion, the rationale associated with this opinion appears to apply a presumption standard. Therefore, an addendum direct opinion is required as well. 

The matters are REMANDED for the following action:

Obtain an addendum opinion from a qualified examiner. The examiner must review the claims file. The examiner is asked to provide a response to the following

(a.) Is the Veteran's peripheral neuropathy of the bilateral lower extremities at least as likely as not related to service, including his conceded in-service exposure to an herbicide agent while stationed in Vietnam?

(b.) Is it at least as likely as not that the peripheral neuropathy of the bilateral lower extremities manifested within one year after the Veteran's last in-service exposure to an herbicide agent?

The examiner MUST clarify the ambiguity regarding onset of the Veteran's peripheral neuropathy of the bilateral lower extremities in the 

 

August 2021 opinion.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, Counsel

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.