The Board remands the claims for service connection of peripheral neuropathy in all extremities due to a pre-decisional duty to assist error regarding an inadequate medical opinion on direct service connection.
The deciding factor: The January 2021 examiner did not provide an adequate opinion addressing whether the Veteran's herbicide agent exposure caused his currently diagnosed non-early-onset peripheral neuropathy, which is required under applicable case law.
- Claimed conditions
- Peripheral neuropathy, right upper extremity, Peripheral neuropathy, left upper extremity, Peripheral neuropathy, left lower extremity, Peripheral neuropathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067679
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.
- Dismissed
The appeal for service connection and initial rating claims has been withdrawn by the Veteran.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) and an effective date of August 13, 2019, for the grant of Special Monthly Compensation (SMC) based on the need for aid and attendance.
- Denied
The Board denied the veteran's claims for an increased rating for posttraumatic stress disorder, service connection for gallbladder disease and functional gastrointestinal disorders, and remanded claims for peripheral neuropathy, gastroesophageal reflux disease, and residuals of liver disease.
- Remanded (sent back)
The Board remands the claim for service connection for peripheral neuropathy to obtain a new VA medical opinion due to inadequate previous opinions.
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