Question:
I'm a Vietnam vet rated as 100% unemployable, considered totally and permanently disabled. I had an EMG in Oct/2019 which confirmed I have peripheral neuropathy in both upper and lower extremities, which was service connected. However, the VA denied my claim. I sent an appeal for review by a VA law judge. It came back REMANDED. The rating decision included favorable findings, most likely associated with agent orange exposure. However, no rationale was provided for the opinion. No etiology opinion was provided which must be obtained.
The VA said, "The failure to obtain etiology opinion in this case is a pre-decisional duty to assist error". Remanded for following action: Schedule exam by appropriate clinician to determine nature and etiology of peripheral neuropathy. examiner must opine is P.N. is at lest likely as not (at least 50%) related to service connection and address EMG tests.
Jim, I speak English as well as the next guy, but I am at a loss when it comes to VA speak. I do not have a VSO as there is none in my area (NYC). I know it does not affect my monthly compensation or benefits, but I feel that the VA should own up to their responsibility and am not sure what all this means. Thanks for your time and attention.
Jim's Reply:
The language that your VA uses seems designed to obfuscate, mislead and confuse. This is what they said.
The EMG showed that you have peripheral neuropathy or PN. PN is a common finding in the Vietnam veteran who was exposed to agent orange and PN is particularly common in the Vietnam veteran who has Diabetes. While PN is generally rated as a disabling condition in the Vietnam veteran, VA is really into crossing t's and dotting i's. There can be a number of causes for PN so we have to be sure we get it right for the record.
"No rationale was provided" means that nobody bothered to note why an opinion was given. In this case it's probably missing a simple statement that PN is known to be associated with the Vietnam veteran. You aren't allowed to just make random statements without some reference in support.
The "etiology opinion" is a statement by an expert (usually a physician) that says that your PN is more likely than not associated with your Vietnam service. If you're a diabetic and have that rated, then your opinion could say that your PN is secondary to the service connected DMII.
The comment about, "a pre-decisional duty to assist error", is a verbal spanking to tell the regional office they didn't do what they should have to properly decide your claim. You should get another C & P exam that will make specific comments as to why you have PN.
I think that this was a good move for you to file the claim. It may not immediately affect your compensation but in the long run, you'll have this resolved just in case. Good luck.