Citation Nr: 21027384 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 13-07 456 DATE: May 5, 2021 REMANDED Entitlement to secondary service connection for a right lower extremity neurological disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 1979 to November 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, the Veteran testified before the undersigned Veterans Law Judge. The Board remanded the claim for further development in August 2018. In March 2021, the Veteran submitted a hearing request along with an untimely VA Form 9 for an unrelated appeal. In March 2021, the Board advised the Veteran that he had already had a hearing in this appeal in 2018, asked to clarify if he wanted a second hearing, and indicated that if he did not respond in 30 days the Board would assume he did not want a second hearing. The Veteran did not respond. 1. Entitlement to secondary service connection for a right lower extremity neurological disorder is remanded. Although the Board regrets the additional delay, a remand is again required. In this regard, the September 2020 VA examiner found that the Veteran did not have a diagnosis of hereditary peripheral neuropathy but did not but reconcile contradictory finding of such diagnosis noted in the Veteran's private treatment records. Indeed, the examiner noted review of notes from the San Juan VA, and notes dated in March 2010 and January 2014, and the private treatment record diagnosing hereditary peripheral neuropathy is dated in 2013. Therefore, as there has not been substantial compliance with the directives of the prior Board remand, an addendum opinion is needed. See Stegall v. West, 11 Vet. App. 268 (1998). The matter is REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 3. Then refer the claims file to an examiner other than the September 2020 VA examiner for preparation of an addendum opinion addressing the etiology of the Veteran's right lower extremity neurological disorder. The entire claims file should be made available to the examiner. No additional examination is necessary, unless the examiner determines otherwise. After a review of the claims file, the examiner should address the following: (a) Explicitly rule in or exclude a diagnosis of hereditary peripheral neuropathy during the pendency of the Veteran's claim (i.e. since November 2009), even if such disorder is currently asymptomatic or has resolved during the pendency of the claim. If a diagnosis of hereditary peripheral neuropathy is not warranted, please reconcile this finding with the diagnosis of the same reflected in an April 2013 private treatment record. (b) If a diagnosis of hereditary peripheral neuropathy is warranted, please determine whether such diagnosis is a congenital defect or disease. (For VA purposes, a defect differs from a disease in that the former is more or less stationary in nature while the latter is capable of improving or deteriorating.) (1) If hereditary peripheral neuropathy does not have a congenital origin, please address the questions outlined beginning from part (c) below. (2) If hereditary peripheral neuropathy is identified as a congenital defect, please opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran incurred any superimposed disease or injury on such defect during service that resulted in additional disability. If so, please describe the resultant disability. (3) If hereditary peripheral neuropathy is identified as a congenital disease, please opine as to whether it is at least as likely as not (50 percent or greater probability) that such disease was aggravated (worsened beyond natural progression) by service. (c) If hereditary peripheral neuropathy determined not to have a congenital origin, please opine as to whether it is at least as likely as not (50 percent probability or greater) that such disorder: (1) is proximately due to his service-connected bilateral hip disabilities; or (2) has been aggravated (worsened beyond natural progression) by his service-connected bilateral hip disabilities. A complete rationale shall be given for all opinions and conclusions expressed. If unable to opine without resorting to speculation, please provide a rationale for that conclusion. S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.S. Mahoney 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.