Peripheral neuropathy decisions — 2020

The Board denied compensation under 38 U.S.C. § 1151 for bilateral lower extremity neuropathy due to VA cancer treatment at the Ann Arbor VAMC in January 2015, finding that the Veteran's neuropathy was not caused by the treatment.

The Veteran's throat cancer with loss of salivary glands, psychiatric disability (depressive disorder), cognitive disability, autonomic neurological disability (autonomic neuropathy), orthostatic hypotension, and residuals of strokes were not shown to have had their onset in service or within the first post-service year, or to be otherwise related to a disease or injury in service.,VA medical opinions did not support a relationship between the Veteran's current disabilities and his military service.

The Veteran is eligible for specially adapted housing due to his service-connected disabilities, which result in the effective loss of use of both lower extremities. The appeal seeking a special home adaptation grant is dismissed as moot.

The Board has remanded the cases for additional development to determine if the Veteran's bilateral lower extremity peripheral neuropathy is related to his military service, specifically herbicide exposure and/or secondary to a pre-existing condition.

The Board has decided to remand the case due to inadequacies in the examination and opinions provided, specifically regarding the Veteran's statements about symptoms during service.

The Veteran was awarded a disability rating of 40% for peripheral neuropathy in February 2016, which qualifies him for spousal dependency benefits. He submitted an application to add his spouse as a dependent on September 22, 2019, but the effective date is denied because no earlier claim was filed within one year of notification.

The Board denied service connection for peripheral neuropathy, finding that the Veteran's symptoms did not meet the criteria for presumptive service connection due to herbicide exposure as early-onset peripheral neuropathy is required. The evidence showed that the Veteran's symptoms began many years after his discharge.

The Veteran's SMC claim is denied as he does not meet the criteria for aid and attendance or housebound status due to his service-connected disabilities, with the need for regular aid and assistance primarily attributed to non-service-connected cognitive impairments.

The Veteran's claim for an earlier effective date for the grant of service connection for ischemic heart disease due to Agent Orange exposure is dismissed.,The Veteran's claims for bilateral hearing loss, right knee arthritis, degenerative arthritis of the left knee, lumbar strain, and tinnitus are all dismissed as they were granted with a final effective date of December 1, 2015.,The claim for service connection for peripheral neuropathy due to Agent Orange exposure is denied because new and material evidence has not been received.

The Veteran's service connection claims for diabetes mellitus, type II and related conditions are denied as there is no evidence of in-service disease or injury.,Service connection for left upper extremity neuropathy, hypertension, benign prostatic hyperplasia, diabetic retinopathy, right upper extremity neuropathy, right lower extremity neuropathy, and left lower extremity neuropathy secondary to diabetes mellitus, type II are also denied due to lack of service-connected primary disability.,The Veteran's claimed conditions were not shown as chronic in service or within a year following separation from service. The Board finds no evidence of herbicide exposure during service and the VA examiner opined that there is no link between the Veteran’s current disabilities and his military service.

The Board denied service connection for bilateral lower extremity peripheral neuropathy and remanded the issue of service connection for diabetes mellitus due to exposure at Fort McClellan.

The Veteran's right and left lower extremity peripheral neuropathy disabilities were initially rated at 10 percent under the criteria in Diagnostic Code 8520 for mild incomplete paralysis of the sciatic nerves. The Board found that, for the initial rating period from June 24, 2014 to January 26, 2015, the service-connected right and left lower extremity peripheral neuropathy disabilities were manifested by moderate constant pain, moderate intermittent pain, severe paresthesias and/or dysesthesias, moderate numbness, decreased sensation in the feet, mild incomplete paralysis in the sciatic nerves, and difficulty walking and climbing stairs, which more nearly approximates moderate incomplete paralysis of the sciatic nerves. For these reasons, a rating of 20 percent for these service-connected neuropathies was granted.,For the initial rating period from January 26, 2015 to the present, the Veteran's right and left lower extremity peripheral neuropathy disabilities were remanded due to insufficient evidence.

The Board denied service connection for bilateral lower and upper extremity peripheral neuropathy, finding that the Veteran's conditions are not related to his military service or herbicide exposure.

The Veteran's right-hand disability is found to be related to service, and the claim for service connection is granted.

The Board has dismissed all service connection and increased rating claims due to the Veteran's death.

The Veteran's claim for service connection for loss of teeth due to Hodgkin’s disease is denied. The right shoulder degenerative joint disease with impingement syndrome is granted a 40% evaluation.

The Board has remanded the claims for service connection due to incomplete compliance with previous directives and need for additional examinations.

The Veteran's claim for a higher rating for left arm neuropathy (minor) associated with left rotator cuff syndrome was denied. The Board found the evidence did not support a higher rating and remanded for additional development.

The Veteran's claim for service connection and TDIU was granted, but the amount of past-due benefits awarded to his attorney is disputed. The Board has ordered a complete audit to determine if the Appellant received the correct amount of attorney fees.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy is rated at 10 percent, and the Board has determined that a higher rating is not warranted.