The veteran's claim for service connection for peripheral neuropathy due to herbicide exposure is being remanded as there has been a significant change in the law regarding the duty to assist and the presumption of exposure to herbicides. The RO must obtain the veteran's service personnel records, including any records regarding his service in Vietnam during the Vietnam Era. They should also contact the United States Armed Services Center for Research of Unit Records and request that a determination be made as to the likelihood of the veteran being exposed to a herbicide agent during his service in Vietnam. The RO must then provide the veteran with a VA neurology examination, ensuring all provisions of the Veterans Claims Assistance Act of 2000 are complied with.
The deciding factor: The significant change in law regarding the duty to assist and the presumption of exposure to herbicides necessitates further investigation into the veteran's service records and potential exposure to herbicide agents during his service in Vietnam.
- Claimed conditions
- peripheral neuropathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2001
- Citation
- 0104752
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0104752.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied the veteran's claims for a higher initial rating for other specified trauma and stressor-related disorder, service connection for peripheral neuropathy, a skin disorder of the genital region, and a right knee disability. The claim for sleep apnea was remanded.
- Dismissed
The appeal for service connection for multiple conditions was dismissed due to the untimely filing of the Board Appeal request.
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