Citation Nr: 22017960
Decision Date: 03/27/22	Archive Date: 03/27/22

DOCKET NO. 18-54 402
DATE: March 27, 2022

REMANDED

Entitlement to service connection for restless leg syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from February 1969 to February 1971.

The Board of Veterans' Appeals (Board) remanded the matter on appeal for additional evidentiary development in December 2021. Unfortunately, another remand is required in this case. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claim. 

Entitlement to service connection for restless leg syndrome is remanded.

The December 2021 remand directives instructed the regional office to schedule the Veteran for a VA examination to determine the nature and etiology of his bilateral leg disability. The Veteran attended the scheduled examination in January 2022 and the VA examiner declined to diagnose him with a peripheral nerve condition, to include peripheral neuropathy. However, the VA examiner noted that the Veteran did have a diagnosis of restless leg syndrome of record and would be best served by a neurological examination. The Board finds that such a remand is necessary to provide the Veteran with the appropriate examination and to obtain another medical opinion.   

The matter is REMANDED for the following action:

Schedule the Veteran for a VA neurological examination to determine the nature and etiology of his current bilateral restless leg syndrome. The claims folder must be made available to and reviewed by the examiner prior to completion of the examination report, and the examination report must reflect that the claims folder was reviewed. All necessary tests and studies should be conducted.

The examiner should first indicate all current diagnoses with regard to the Veteran's legs. Then, the examiner should offer an opinion addressing whether it is at least as likely as not (50 percent probability or more) that restless leg syndrome or any related disorder is related to service, to include exposure to Agent Orange. A complete rationale should accompany any opinion provided, to include consideration of the Veteran's lay statements of symptomology during and after service.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Bush

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.