Citation Nr: 21075211 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 16-40 410 DATE: December 17, 2021 REMANDED Entitlement to service connection for a bilateral upper extremity neurological disability to include peripheral neuropathy, claimed as a result of herbicide agent exposure, is remanded. Entitlement to service connection for a bilateral lower extremity neurological disability to include peripheral neuropathy, claimed as a result of herbicide agent exposure, is remanded. REASONS FOR REMAND The Veteran had active service from September 1972 to July 1976. The Veteran appeared at a February 2019 hearing before a Veterans Law Judge. The hearing transcript is of record. In February 2020, the Board of Veterans' Appeals (Board) notified the Veteran that the Veterans Law Judge who conducted the February 2019 hearing was no longer available to decide the appeal and informed him of his right to an additional hearing before a Veterans Law Judge. The Veteran did not respond to the Board's notice. 1. Entitlement to service connection for a bilateral upper extremity disability to include peripheral neuropathy and a bilateral lower extremity disability to include peripheral neuropathy, claimed as a result of herbicide agent exposure, is remanded. A September 1972 service treatment record states that the Veteran was provisionally diagnosed with "peripheral neuropathy left arm vs. myopathy." In its June 2021 Remand instructions, the Board noted that the service treatment records reflected that the Veteran was provisionally diagnosed with left arm peripheral neuropathy in September 1972. The Board requested that the Veteran be scheduled for further VA evaluation. The report of an October 2021 peripheral nerve examination conducted for the Department of Veterans Affairs (VA) states that the Veteran was diagnosed with right carpal tunnel syndrome and left upper extremity, right lower extremity, and left lower extremity paresthesias. The examiner concluded that "the condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness." The examining physician assistant commented that "there is no documentation in the medical records available for review at the time of exam showing diagnosis of peripheral neuropathy." He did not note or otherwise address the service treatment record noting a diagnosis of "peripheral neuropathy left arm vs. myopathy." In light of such deficiency, the Board finds that the examination report is of limited probative value. VA's duty to assist includes, in appropriate cases, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive. McLendon v. Nicholson, 20 Vet. App. 79 (2006); Green v. Derwinski, 1 Vet. App. 121, 124 (1991). When VA undertakes to obtain an evaluation, it must ensure that the evaluation is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Further VA evaluation is needed. Clinical documentation dated after September 2021 is not of record. VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claim. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who treated him for any upper extremity and/or lower extremity neurological disability. Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran's VA clinical documentation not already of record, including treatment records dated after September 2021. 3. Schedule the Veteran for a VA neurological examination conducted by a physician to assist in determining the nature and etiology of any identified upper extremity and lower extremity neurological disabilities, to include peripheral neuropathy, and any relationship to active service. The examiner must review the record and should note that review in the report. A rationale for all opinions should be provided. The examiner should: (a.) Identify all upper extremity and lower extremity neurological disabilities found. If peripheral neuropathy is not diagnosed, the examiner should specifically state that fact. (b.) Opine whether it is at least as likely as not (50 percent probability or greater) that any identified upper extremity and lower extremity neurological disabilities had their onset during active service or is related to any incident of service, including the documented in service diagnosis of "peripheral neuropathy left arm vs. myopathy" and his presumed exposure to herbicide agents. . J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Macek, M. A. 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.