Citation Nr: A21018331
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 200819-104255
DATE: November 17, 2021

ORDER

Entitlement to service connection for right lower extremity peripheral neuropathy due to herbicide agent exposure is granted.  

Entitlement to service connection for left lower extremity peripheral neuropathy due to herbicide agent exposure is granted.  

FINDINGS OF FACT

1. The Department of Veterans Affairs (VA) has conceded the Veteran's exposure to herbicide agents in the Republic of Korea.  

2. Right lower extremity peripheral neuropathy originated as the result of the conceded in service herbicide agent exposure.  

3. Left lower extremity peripheral neuropathy originated as the conceded in service herbicide agent exposure.  

CONCLUSIONS OF LAW 

1. The criteria for service connection for right lower extremity peripheral neuropathy due to herbicide agent exposure have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.  

2. The criteria for service connection for left lower extremity peripheral neuropathy due to herbicide agent exposure have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.  

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from November 1967 to June 1969.  

In August 2020, the Agency of Original Jurisdiction tacitly determined that new and relevant evidence had been received to reopen the claims of entitlement to service connection for right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy claimed as the result of herbicide agent exposure and denied the claims on the merits.  In August 2020, the Veteran submitted a Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, and elected the Direct Review docket.  Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal.  38 C.F.R. § 20.301.  

Service Connection for Lower Extremity Peripheral Neuropathy

The Veteran contends that service connection for right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy is warranted as a result of his conceded in service herbicide agent exposure in the Republic of Korea.  

Service connection may be granted for disability arising from disease or injury incurred in or aggravated by wartime service.  38 U.S.C. § 1110.  Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).  

A July 2010 VA memorandum conceded the Veteran's in service exposure to herbicide agents in the Republic of Korea.  

A February 2020 VA neurological evaluation states that the Veteran was diagnosed with right lower extremity, left lower extremity, right upper extremity, and left upper extremity peripheral neuropathy. 

The report of a March 2020 peripheral nerve examination conducted for VA conveys that "in the absence of the Veteran having a known risk factor for this condition, his statement reporting onset of symptoms shortly following service, and the nature of the Veteran's peripheral nerve condition being idiopathic (unknown cause) in nature, it is reasonable to opine that the Veteran's peripheral neuropathy is as a result of an exposure to Agent Orange chemical while in service."  

(Continued on the next page)

 

Service connection for right upper extremity peripheral neuropathy and left upper extremity peripheral neuropathy due to herbicide agent exposure has been previously established.  

The Veteran's in service herbicide agent exposure has been conceded by VA.  The Veteran has been diagnosed with right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy.  A VA examiner concluded that "it is reasonable to opine that the Veteran's peripheral neuropathy is as a result of an exposure to Agent Orange chemical while in service."  The record is in at least equipoise as to whether the claimed disabilities originated during active service.  Therefore, the Board concludes that service connection for right lower extremity peripheral neuropathy and left lower extremity peripheral neuropathy due to herbicide agent exposure is warranted.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.