Citation Nr: 22056590
Decision Date: 10/05/22	Archive Date: 10/05/22

DOCKET NO. 19-31 566A
DATE: October 5, 2022

REMANDED

Entitlement to service connection for peripheral neuropathy, right lower extremity, is remanded.

Entitlement to service connection for peripheral neuropathy, left lower extremity, is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1964 to November 1967.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision of an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA).

In April 2017, the Veteran claimed service connection for, as relevant here, peripheral neuropathy of his bilateral lower extremities based on herbicide agent exposure.  

As part of his claim, he submitted a Disability Benefits Questionnaire (DBQ) that S.A., M.D. signed.  This DBQ consisted of eight pages.  Of these eight pages, only five appear in the claims file.  That is, the claims file does not contain page 1, page 2, or page 6 of the DBQ.  As such, remand if warranted to permit the Veteran to submit the missing pages.

Additionally, for the Veteran's understanding, VA must provide a medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service, or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) there is insufficient competent medical evidence on file for the Secretary to make a decision on the claim.  McLendon v. Nicholson, 20 Vet. App. 79 (2006); see also 38 U.S.C. § 5103A (d)(2), 38 C.F.R. § 3.159 (c)(4)(i) (2017).  The third prong, which requires that the evidence of record "indicate" that the claimed disability or symptoms "may be" associated with the established event, is a low threshold.  McLendon, 20 Vet. App. at 83.

The Board observes that the AOJ did not examine the Veteran for this claim.  The Board presumes this is because the AOJ found he had not satisfied the third prong of the test above.  Indeed, the Veteran's VA treating physicians have suggested possible causes for his neuropathy, none of which involve herbicide agent exposure or a relation to his service or a service-connected disability.  For example, in a December 15, 2016 VA treatment record (page 60 of a file uploaded on May 11, 2018), Dr. P.M. stated "neuropathy  discussed causes  [diabetes], alcoholism, B12 [deficiency], idiopathic."  Given this, the Board encourages the Veteran to submit any evidence that his peripheral neuropathy may be associated with his service or with another service-connected disability.

The matters are REMANDED for the following action:

1. Ask the Veteran to resubmit the DBQ he submitted in April 2017 (specifically pages 1, 2, and 6) for his peripheral neuropathy claim as well as any additional evidence that he wants considered.  

2. If the Veteran responds, undertake any additional development deemed warranted.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Sopko, 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.