Citation Nr: 21066244 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 18-29 683 DATE: October 29, 2021 REMANDED Entitlement to service connection for peripheral neuropathy of the right upper extremity, to include as due to herbicide exposure and/or exposure to contaminated water at Camp Lejeune, is remanded. Entitlement to service connection for peripheral neuropathy of the left upper extremity, to include as due to herbicide exposure and/or exposure to contaminated water at Camp Lejeune, is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity, to include as due to herbicide exposure and/or exposure to contaminated water at Camp Lejeune, is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity, to include as due to herbicide exposure and/or exposure to contaminated water at Camp Lejeune, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Marine Corps from June 1964 to June 1967, to include service in the Republic of Vietnam. In an October 2020 decision, following a January 2019 hearing, the Board in pertinent part denied the Veteran's claims of service connection for upper and lower extremity peripheral neuropathies. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In July 2021, the Court granted a Joint Motion for Partial Remand (Joint Motion) of the parties (the Secretary of VA and the Veteran), vacated the Board's decision with respect to the above issues, and remanded the case to the Board for readjudication. The Board notes that in December 2020, the Court issued a Memorandum Decision which partially vacated the April 2019 Board decision, which denied increased ratings for the Veteran's service-connected PTSD. In July 2021, the Board remanded the matters for further development in accordance with the Memorandum Decision. Development, as outlined by the Board's remand, has not been completed, and this matter is not currently before the Board. Remand of the service connection claims for peripheral neuropathies are necessary. The July 2021 Joint Motion found that in the October 2020 decision, the Board relied on the September 2019 VA medical opinions, which failed to fully discuss the lay statements provided by the Veteran and his wife of in-service symptoms of neuropathy. The VA medical opinion also failed to explain whether the disabilities were related to contaminated water at Camp Lejeune on a direct basis, regardless of what disorders are presumptively service connected according to VA regulations. The parties noted that in April 2019, the Board specifically instructed the examiner to discuss the lay statements, and the Board instructed the examiner not to rely on VA's list of presumptive conditions in the rationale. The Board has no discretion and must remand the instant appeal for compliance with the Court's Joint Motion. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: Forward the Veteran's file to a qualified medical professional in order to obtain addendum opinions as to the nature and etiology of the Veteran's bilateral upper extremity neuropathy and bilateral lower extremity neuropathy. (New VA examinations may be conducted if deemed necessary.) The claims file, to include a copy of this Remand, must be reviewed by the examiner. The examiner is asked to provide an opinion as to whether the bilateral upper and lower extremity neuropathies at least as likely as not (at least an approximate balance of positive and negative evidence) had their onset during or are otherwise related to any event or injury during active service, to include herbicide exposure and/or contaminated water at Camp Lejeune. In answering all questions, please articulate the reasoning underpinning the conclusions. That is, (1) identify what facts and information--whether found in the record or outside the record--support the opinion, and (2) explain how that evidence justifies the opinion. The examiner must discuss the lay contentions of in-service symptoms provided in the record. Relying on presumptive disorders in VA regulations is not sufficient rationale when discussing causation due to herbicide and Camp Lejeune exposure. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. N. Quarles, 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.