Citation Nr: 21077434 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 09-28 424 DATE: December 29, 2021 REMANDED Entitlement to service connection for type II diabetes mellitus, to include as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. Entitlement to service connection for erectile dysfunction (ED), to include as secondary to diabetes mellitus, and/or as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity (RLE), to include as secondary to diabetes mellitus, and/or as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity (LLE), to include as secondary to diabetes mellitus, and/or exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1987 to March 1996. This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2008 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in July 2012. A transcript of the hearing is associated with the electronic claims file. The Board previously remanded the claim in September 2012, and then issued a decision denying the claims in August 2016. However, following an appeal to the United States Court for Appeals for Veterans Claims, in September 2021 a Joint Motion for Partial Remand (Joint Motion) was entered, vacating portions of the Board's August 2016 decision. 1. Entitlement to service connection for type II diabetes mellitus, to include as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. 2. Entitlement to service connection for ED, to include as secondary to diabetes mellitus, and/or as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. 3. Entitlement to service connection for peripheral neuropathy of the RLE, to include as secondary to diabetes mellitus, and/or as due to exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. 4. Entitlement to service connection for peripheral neuropathy of the LLE, to include as secondary to diabetes mellitus, and/or exposure to herbicide agents, chemical warfare agents, asbestos, and/or radiation is remanded. In the Joint Motion, it was found that the Board relied on an inadequate VA examination and opinion in denying the claims. Specifically, it was found that the examiner failed to provide an adequate rationale as to why there was no relationship between the Veteran's diabetes, ED, and peripheral neuropathy of the bilateral lower extremities and his conceded exposure to nerve and mustard gas agents. Accordingly, remand is warranted to obtain adequate addendum opinions for each of the Veteran's conditions. The matters are REMANDED for the following action: 1. Obtain addendum opinions regarding the Veteran's type II diabetes mellitus, erectile dysfunction, and peripheral neuropathy of the bilateral lower extremities. A copy of the entire claims file should be provided to the examiner and a note that such was reviewed should be included in his or her report. The examiner should answer the following questions: (a.) Is it at least as likely as not (50 percent probability or greater) that the Veteran's type II diabetes mellitus is related to his conceded exposure to nerve and/or mustard gas? (b.) If not, is it at least as likely as not (50 percent probability or greater) that the Veteran's type II diabetes mellitus was aggravated by his conceded exposure to nerve and/or mustard gas? (c.) Is it at least as likely as not (50 percent probability or greater) that the Veteran's erectile dysfunction is related to his conceded exposure to nerve and/or mustard gas? (d.) If not, is it at least as likely as not (50 percent probability or greater) that the Veteran's erectile dysfunction was aggravated by his conceded exposure to nerve and/or mustard gas? (e.) Is it at least as likely as not (50 percent probability or greater) that the Veteran's peripheral neuropathy of the bilateral lower extremities is related to his conceded exposure to nerve and/or mustard gas? (f.) If not, is it at least as likely as not (50 percent probability or greater) that the Veteran's peripheral neuropathy of the bilateral lower extremities was aggravated by his conceded exposure to nerve and/or mustard gas? If the examiner addresses any medical literature in his or her report, they must be sure to provide discussion of that literature specific to this Veteran and his claimed conditions and exposures. The examiner must provide a detailed rationale for each of the opinions reached. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, Associate 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.