Citation Nr: 21012840
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 16-49 204
DATE: March 5, 2021

REMANDED

Service connection for a bilateral foot disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1966 to September 1968.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision.  In October 2019, the Veteran provided sworn testimony before the undersigned Veterans Law Judge (VLJ) at a Board hearing.  

In February 2020, the Board remanded the issue for updated treatment records and a VA examination and medical opinion. The Board finds that the medical opinion is inadequate, and another remand is necessary.  In December 2020, after examination, a VA examiner opined that the Veteran’s foot conditions were less likely than not related to his herbicide agent exposure because his conditions “are not an agent orange presumptive condition” and “there is no indication in medication research or in Veteran’s file to suggest that the cause [is] agent orange exposure.” As noted in the Board’s remand instructions, however, the Veteran’s VA medical records suggest a relationship between his exposure to herbicide agents and his peripheral neuropathy. Accordingly, a remand is necessary for a new medical opinion.

 The matters are REMANDED for the following action:

Forward the claims file for an addendum medical opinion. An in-person examination is unnecessary unless determined otherwise by the examiner. After review of the file, the examiner should respond to the following:

Is it at least as likely as not that the Veteran’s peripheral neuropathy is related to his in-service herbicide agent exposure?

The examiner must provide a rationale and consider the favorable evidence, including: the November 2014 VA podiatry record (podiatrist noted neuropathy secondary to agent orange exposure); February 2016 VA primary care record (noting the Veteran was prescribed neuropathic medication for his feet due to history of herbicide agent exposure); and December 2018 VA neurology record (neurologist noted that the Veteran had no family history of neuropathy, but he did have exposure to Agent Orange).

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Lavan, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.