Citation Nr: 21013064
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 17-10 277
DATE: March 8, 2021

REMANDED

Entitlement to service connection for left peroneal motor neuropathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to October 1982 and from December 2003 to February 2005.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously before the Board in July 2018 and was remanded for additional development. In July 2018 the Board also granted service connection for sleep apnea. As this constitutes a full grant of the benefits sought as to that issue, it is no longer on appeal. Ab v. Brown, 6 Vet. App. 35 (1993).

1. Entitlement to service connection for left peroneal motor neuropathy.

In July 2018 the Board remanded the current appeal to obtain a medical opinion concerning the etiology of the Veteran’s peroneal motor neuropathy. The Board requested that the examiner opine as to whether the claimed neuropathy was directly related to the Veteran’s service or whether it was caused or aggravated by either the Veteran’s service-connected low back disability or his service-connected bilateral lower extremity radiculopathy. 

VA obtained an opinion in March 2020. While the examiner clearly addressed whether the neuropathy was due to the Veteran’s service and whether it was aggravated by the Veteran’s lower extremity radiculopathy, the examiner did not clearly address whether the neuropathy was caused or aggravated by the service-connected low back disability or whether it was caused by the radiculopathy. As such, the opinion did not directly respond to, and therefore did not substantially comply with, the Board’s July 2018 remand directives, and therefore a remand is warranted so that an addendum opinion may be obtained. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Obtain an addendum opinion concerning the etiology of the claimed peroneal neuropathy. The examiner should answer the following:

a)	Is it at least as likely as not (a fifty percent probability or greater) that the peroneal neuropathy was caused by the service-connected left or right lower extremity radiculopathy?

b)	If not, is it at least as likely as not (a fifty percent probability or greater) that the peroneal neuropathy was aggravated (worsened) by the left or right lower extremity radiculopathy?

c)	If not, is it at least as likely as not (a fifty percent probability or greater) that the peroneal neuropathy was caused by the service-connected low back disability?

d)	If not, is it at least as likely as not (a fifty percent probability or greater) that the peroneal neuropathy was aggravated (worsened) by the low back disability?

A detailed rationale for the opinion must be provided. The examiner is reminded that the term “as likely as not” does not mean “within the realm of medical possibility,” but rather that the evidence of record is so evenly divided that, in the examiner’s expert opinion, it is as medically sound to find in favor of the proposition as against it.

 

 

CHRISTOPHER A. WENDELL

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E.V. Palatt, 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.