The Board has determined that there was clear and unmistakable error in the August 17, 2010 rating decision denying service connection for bilateral peripheral neuropathy of the upper and lower extremities. The Veteran's exposure to Agent Orange during service is established, as well as his diagnosis of peripheral neuropathy of the upper and lower extremities. A July 2010 VA examination concluded that the Veteran's peripheral neuropathy was related to his herbicide exposure in Vietnam. Therefore, the Board has granted service connection for bilateral peripheral neuropathy of the upper and lower extremities.
The deciding factor: The August 17, 2010 rating decision failed to consider the correct facts known at the time due to a failure to address the July 2010 VA medical opinion linking the Veteran's peripheral neuropathy to his herbicide exposure in service.
- Claimed conditions
- bilateral peripheral neuropathy of the upper and lower extremities
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20004539
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20004539.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, bilateral peripheral neuropathy of the upper and lower extremities, and chloracne due to in-service Agent Orange exposure. The claims are being remanded for additional medical opinions.
- Dismissed
The Board has dismissed the appeals for service connection due to the Veteran's death.
- Remanded (sent back)
The Veteran's claims for SMC, service connection for a skin condition, and increased ratings are remanded due to the need for additional VA treatment records and an examination. The new claims of service connection and increased ratings will be adjudicated after these issues.
- Granted
The Veteran's service-connected disabilities, including diabetes type II, coronary artery disease, bilateral peripheral neuropathy of the upper and lower extremities, and mood disorder, preclude him from securing or following a substantially gainful occupation. The Board granted his TDIU claim based on this finding.
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