Citation Nr: 21026212 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 19-10 754 DATE: April 30, 2021 REMANDED The service connection claim for peripheral neuropathy of the right lower extremity and/or right lower extremity radiculopathy (RLE disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1966 to May 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. In August 2020 and February 2021, the Board remanded the case to the RO for further evidentiary development. Nonetheless, the Board regrets further delay, as it finds that additional development is necessary before it can render a decision on this issue on appeal. The Veteran asserts that a current disability, which affects his right lower extremity, is due to his military service, to include his exposure to herbicide agents. When this matter was previously before the Board, twice, the matter was remanded for a VA opinion on RLE peripheral neuropathy. After the most recent February 2021 remand, the AOJ obtained a new VA opinion on the RLE disability. In this April 2021 VA opinion, a VA examiner opined that the Veteran’s claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by an in-service injury, event, or illness. As the rationale for this opinion, the VA examiner reasoned that “there is no diagnosis of a neurological condition of right lower extremity while on active duty”; no “description of neurological testing” was done; or there was no suspected neurological condition. Although the VA examiner generally stated that the Veteran was being evaluated for “possible arthritis”, and that arthritis is not a neurological condition, she did not address or discuss all of the relevant evidence from the Veteran’s service treatment records (STRs), per the February 2021 remand directives. Particularly, and although a November 1967 treatment note from the Veteran’s STRs does indicate that the Veteran possibly had arthritis, this treatment note additionally reflects that that the Veteran complained of having low back pain, which was dull and intermittent; worse with lifting, exertion, and at night; and the pain radiated down the lateral aspect of both legs. Additionally, it does not appear that the Veteran was actually afforded a physical examination for neurologic conditions, and given the insufficient findings from the April 2021 VA opinion, a remand is required for a new VA examination and opinion on the etiology of the Veteran’s RLE disability. The matters are REMANDED for the following action: 1. Schedule the Veteran for a new VA examination with a physician who has not yet evaluated the Veteran, (VA examiner) to examine and provide an opinion addressing the etiology of his right lower extremity neurologic and/or orthopedic condition. The VA examiner must review the claims file and must note that review in the report. A copy of this REMAND must be made available to the VA examiner. The VA examiner must undertake the following: a. With a clear rationale for the finding, clarify whether the Veteran currently has right lower extremity (RLE) peripheral neuropathy or RLE radiculopathy. b. Then, opine whether it is at least as likely as not (50 percent probability or greater), that the appropriate RLE disability is related to and/or the result of the Veteran’s in-service condition relating to pain radiating from his lumbar spine to the lateral aspect of his legs. c. In rendering an opinion, particular attention is referred to the November 1967 service treatment record, which the VA examiner must address and discuss. d. A detailed explanation is requested for all opinions provided. If an opinion cannot be provided without resort to speculation, provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be rendered. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V-N. Pratt 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.