Citation Nr: 21067724 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 17-48 607 DATE: November 5, 2021 REMANDED 1. Service connection for a right lower extremity disorder. 2. Service connection for a left lower extremity disorder. REASONS FOR REMAND The Veteran served on active duty from August 1969 to August 1971. The case is on appeal from an August 2017 rating decision. In April 2019, the Board remanded this claim for additional development. 1. Service connection for right lower extremity peripheral neuropathy. 2. Service connection for left lower extremity peripheral neuropathy. The Veteran contends that his bilateral lower extremity peripheral neuropathies are due to in-service herbicide exposure. In a December 2016 correspondence, he reported that while serving in Okinawa, Japan from August 1970 to August 1971, driving chemicals, including Agent Orange, and testing equipment from various camps to Naha port. Further, he reported that this equipment leaked and it was stored in numerous places in the Okinawa. In a June 2017 correspondence, the Veteran reported that he was ordered to transport herbicides to a port for removal from Okinawa as part of Operation RED HAT. He also submitted documents from the National Archives and Records Administration indicating Operation RED HAT involved the transportation of herbicides on Okinawa from storage to a port. The Veteran's service personnel records (SPRs) show that he served in Okinawa, Japan as a Radio Relay Equipment Repairman from August 1970 to August 1971. His service treatment records (STRs) show no reports of or treatment for lower extremity symptoms. The Veteran's lower extremities were marked normal and nothing relevant was noted or reported during a June 1971 separation examination. The Veteran's post-service treatment records include a neurological examination in March 2015. During the neurological examination, the Veteran reported experiencing neuropathic pain in his lower extremities. The VA physician noted "[n]europathy most likely etiology due to smoking, possible environmental exposure during military." Also, the physician noted that Veteran was an everyday smoker until February 2011. During treatment later in March 2015, the VA physician noted the Veteran had a history of "cryptic peripheral neuropathy". In December 2016, the Veteran submitted a private medical opinion from his private physician. The physician reported that he has treated the Veteran for peripheral neuropathy resulting in pain, numbness, instability, and loss of balance. The physician also stated that because the Veteran was stationed on Okinawa during the VA war in close proximity to Agent Orange and that he had come to believe the peripheral neuropathy could have been caused by herbicide exposure. Pursuant to the April 2019 Board remand, the Veteran was afforded a VA examination for these claims in December 2019 by a physician. The Veteran reported first experiencing neuropathy disorder symptoms in 2010 to include leg weakness, numbness, and a foot drop causing him to stumble and fall as he was standing at his place of employment. The examiner reviewed the Veteran's claims file. The examiner reported a diagnosis of large fiber bilateral lower extremity polyneuropathy. The examiner noted symptoms of mild pain, paresthesia, and numbness. The examiner found that the Veteran has moderate incomplete paralysis of his bilateral lower extremity nerves. However, the examiner found that the Veteran's neuropathy disorder is less likely than not related to an in-service injury, event, or illness, including herbicide exposure during service. The examiner referenced the March 2015 VA treatment record indicating that the lower extremity conditions are most likely due to smoking. The examiner also noted that that the Veteran's motor and sensory neuropathy began in 2012. The physician noted that, while peripheral neuropathy is a presumptive condition related to Agent Orange exposure, the Veteran's symptoms began decades after any possible exposure. In November 2019, a memorandum written by an archive specialist at the Joint Services Records Research Center (JSRRC) was associated with the file. He reported that, while files regarding Operation RED HAT in 1970 were found, there are not records as to the duties performed by individuals or specific units. The specialist also reported that a search of the Veteran's records does not substantiate service in Vietnam or exposure to herbicides. The specialist concluded that the JSRRC is unable to corroborate the Veteran's claimed Agent Orange exposure because there is no evidence indicating that the Veteran took part in Operation RED HAT and herbicide exposure in Okinawa. The Board finds that a remand is warranted to further develop whether chemical agents, including Agent Orange, were used, stored or had leaks at Okinawa when the Veteran was present. In addition, on remand, the Veteran should be notified of the unavailability of any records indicating whether he took part in Operation RED HAT. See 38 C.F.R. § 3.159(e). If in-service herbicide exposure is established, another VA examination should be afforded to the Veteran. These claims are REMANDED for the following actions: 1. Conduct additional development as to whether there were chemical agents used, stored or had leaks at Okinawa when the Veteran was present. This should specifically include an answer as to whether this included herbicide agents, such as Agent Orange. 2. Notify the appellant of the failure to locate any records indicating whether he took part in Operation RED HAT in accordance with 38 C.F.R. § 3.159(e). 3. Obtain another VA medical opinion if in-service exposure to chemical agents is established. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Nevarez-Myrick, Nancy 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.