Peripheral neuropathy decisions — 2021

The Board has decided to remand the case due to inadequate examination and failure to address the Veteran's symptoms. A new VA examination is needed to assess the current nature and severity of the ulnar neuropathy.

The Board has remanded the case for clarification of the Veteran's entitlement to SMC at all potential pertinent rates, including the 's' rate from November 13, 1998. The AOJ must include a discussion of the rates of SMC already assigned in their rationale.

The Board has granted service connection for back disability, but dismissed all other claims due to the Veteran's withdrawal of appeal.

The Board has granted service connection for Castleman's disease and POEMS syndrome with polyneuropathy in multiple extremities, as well as asthma. Service connection was denied for sleep apnea due to lack of evidence linking it to the Veteran's service-connected PTSD.

The Board denied the Veteran's claim for service connection for bilateral upper extremity peripheral neuropathy as new and relevant evidence was not submitted to readjudicate the claim.

The Veteran's claims for service connection are being remanded due to a duty to assist error. The Board will attempt to verify the Veteran's claimed in-service exposures and readjudicate the appeal on the merits.

The Board denied service connection for various conditions, including anxiety, depression, insomnia, toenail onychomycosis, athlete's foot, rashes on crotch, chloracne, diabetes mellitus type II, right upper extremity neuropathy, left lower and right lower extremity neuropathies, and a left-hand condition. The Board found no evidence of current diagnoses for these conditions or any nexus to service.

The Veteran's claims for increased ratings for left and right lower extremity peripheral neuropathy were denied as the evidence did not support a finding of severe incomplete paralysis or complete paralysis, which would warrant higher disability ratings. The claim for adaptive equipment was also denied due to loss of use in both feet being attributed to a nonservice-connected condition (stroke).

The Board has restored the previously reduced disability ratings for right arm, left arm, right leg and left leg polyneuropathy to their original levels of 30%, 20%, 20% and 20% respectively, effective January 1, 2012.

The Veteran's tinnitus claim is granted. The hearing loss, acquired psychiatric disability (including dementia and PTSD), diabetes, erectile dysfunction, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, ischemic heart disease, hypertension, and liver disability claims are all remanded for additional development.

The Board has remanded the case for a new opinion on whether the right foot fracture was caused or aggravated by service-connected conditions, specifically diabetic peripheral neuropathy and left second toe amputation. The issues of SMC under 38 U.S.C. § 1114(s) and 38 U.S.C. § 1114(l) are also remanded due to the potential impact on these benefits.

The Veteran's service connection claim for a psychiatric disorder, including PTSD and Adjustment Disorder, is denied.,A total disability rating based on individual unemployability from December 5, 2019, is granted. The Veteran's peripheral neuropathy of the right lower extremity and left lower extremity claims are remanded.

The Veteran's claims for service connection for various conditions including asthma, multiple myeloma, type II diabetes mellitus, glaucoma, peripheral neuropathy of the upper and lower extremities, and hypertension have all been denied as there is no evidence of exposure to herbicides or other environmental hazards during service. The Board also found that these conditions are not related to service.

The Board has granted service connection for bilateral lower extremity peripheral neuropathy due to Agent Orange exposure, finding that the evidence is at least evenly balanced as to whether the condition is related to service.

The Board has denied the Veteran's claims for service connection for various upper extremity disabilities, including wrist, forearm, humerus, elbow, and shoulder conditions, all of which are deemed secondary to his service-connected right thumb disability. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Veteran is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, which include coronary artery disease, diabetes mellitus, type II, peripheral neuropathy of the upper and lower extremities, post-operative scarring from a heart procedure, and erectile dysfunction. The Board has granted entitlement to TDIU based on these conditions.

The appellant withdrew her appeals regarding service connection for diabetic neuropathy and varicose veins of the lower extremities, which were dismissed as a result.

The Veteran's diabetes and hypertension are rated at the maximum available rating of 20 percent. The Veteran's left and right upper extremity peripheral neuropathy are each rated at 20 percent, which is the maximum available rating for these conditions.

The Veteran's service-connected disabilities, including diabetes mellitus and bilateral diabetic neuropathy, prevent him from securing and following any substantially gainful occupation.

The Veteran's service-connected disabilities, including his heart condition and lower extremity neuropathies, have resulted in a loss of use of one or more extremities that precludes locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, he is eligible for specially adapted housing.