The Veteran's service-connected left and right lower extremity peripheral neuropathy have not been examined for rating purposes since a VA examination in December 2015. The Board finds that a new examination is required to assess the current degrees of impairment. Additionally, the issue of whether there was clear and unmistakable error (CUE) in the June 1971 rating decision denying service connection for encephalitis and multiple sclerosis must be adjudicated prior to considering the earlier effective date claim.
The deciding factor: The Veteran's peripheral neuropathy has not been examined for rating purposes since a VA examination, and a new examination is required to assess current severity. Additionally, there is an issue of CUE in the June 1971 decision denying service connection for encephalitis and multiple sclerosis.
- Claimed conditions
- left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19129214
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.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to Agent Orange exposure during the Veteran's service in Vietnam.
- Partly granted
The appeal was granted for service connection for latent tuberculosis and dermatitis of the face, while other claims were denied.
- Denied
The Board denied service connection for segmental colitis associated with diverticulosis, small bowel obstruction, to include small bowel perforation, status post left hemicolectomy, Hartman's pouch and ileostomy (bowel condition), as well as right and left upper and lower extremity peripheral neuropathy.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral lower extremity peripheral neuropathy due to a finding that an adequate VA medical opinion was not obtained.
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