The Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities are being remanded due to inadequate compliance with previous remands. The VA is required to obtain a new examination to determine which nerves, if any, are affected by his service-connected peripheral neuropathy.
The deciding factor: The Board found that the opinions obtained on remand were inadequate and there was confusion as to which nerve group or both is/are affected by the Veteran's bilateral lower extremity peripheral neuropathy. The VA is required to obtain a new examination to clarify this issue.
- Claimed conditions
- Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2023
- Citation
- 23058601
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 23058601.
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 Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy of the left upper and lower extremities due to herbicide agent exposure, as there is a pre-decisional duty to assist error that occurred prior to the date of the AOJ decision on appeal.
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