Peripheral neuropathy decisions — 2021

The Veteran's service connection for TBI residuals is granted, and she is awarded total disability rating based on individual unemployability from September 13, 2020. SMC under 38 U.S.C. § 1114(s) is also granted for her left arm neuropathy and post-herpetic neuralgia.

The Veteran's right upper extremity neuropathy is currently rated at 30 percent from January 31, 2016. The Board finds that the evidence of record is in relative equipoise as to whether his symptoms more reasonably approximated moderate incomplete paralysis.

The Veteran was granted a TDIU prior to July 12, 2016 due to his service-connected disabilities. The claim of entitlement to a TDIU from July 12, 2016 is dismissed as moot because the Veteran received a 100% disability rating for prostate cancer and special monthly compensation (SMC) based on housebound status.

The Board has granted attorney fees based on the grant of increased ratings for right and left upper extremity diabetic peripheral neuropathy in a January 2014 rating decision. The Veteran's attorney, K.L., invested reasonable time and effort into pursuing his appeal.

The Board has found that the VA thoracolumbar spine examination conducted in October 2019 is inadequate and requires clarification. The Veteran's claim for a higher rating for his service-connected IVDS of the lumbosacral spine with neuropathy will be remanded to allow for further development.

The Veteran's right and left lower extremity diabetic peripheral neuropathy have been granted a disability rating of 40 percent, effective December 31, 2014.,A TDIU has also been granted from December 15, 2015.

The Board has dismissed all claims for service connection and evaluations related to the veteran's disabilities, as the appellant died during the pendency of the appeal.

The Board has remanded the claims for respiratory condition, to include asthma; peripheral neuropathy of the bilateral lower extremities; and peripheral neuropathy of the bilateral upper extremities due to potential preexisting conditions and possible herbicide exposure.

The Veteran's bilateral lower extremity diabetic neuropathy is granted a 20 percent evaluation throughout the appeal period. The Veteran's diabetes mellitus is denied any increase in rating, as it does not meet the criteria for a higher rating under DC 7913. The Veteran's hypertension is granted a 10 percent evaluation.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of his bilateral upper and lower extremities, finding that there was no evidence linking these conditions to his military service or herbicide exposure.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of both lower extremities and his claim for TDIU due to service-connected disabilities. The issues are currently pending before the Board.

The Veteran's associated diabetic neuropathy in both lower extremities is rated at 20 percent, effective April 2, 2012.,The Veteran's acquired mental disorder (paranoid schizophrenia) has been restored to a 30 percent rating from the date of his last payment, February 26, 2009.

The Board dismissed the appeal of several service connection claims due to the appellant's death.

The Board denied compensation under 38 U.S.C. § 1151 for additional disability resulting from a July 1993 left total hip replacement (THR) due to lack of evidence showing negligence or informed consent, as the leg-length discrepancy was considered a normal and expected outcome of the procedure.

The Board has granted service connection for a left-hand disorder with residual sensory neuropathy of the left little finger. The issues of service connection for fatigue, joint pain of the left upper extremity, and joint pain of the left lower extremity are remanded.

The Veteran's service-connected peripheral neuropathy has resulted in loss of use of both buttocks and feet, warranting special monthly compensation beginning April 11, 2011.

The Board has determined that additional development is needed for the Veteran's claims regarding his cervical spine, lumbar strain, upper and lower extremity neuropathy, and skin disabilities. The claims are being remanded to obtain updated findings from VA examinations.

The Veteran's right lower extremity mononeuropathy is granted with a 10% rating for the period prior to May 22, 2019 and a 20% rating beginning from that date. The claim for TDIU based on service-connected disabilities is remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Board has remanded the claim for service connection for peripheral neuropathy of the bilateral upper and lower extremities, to include as secondary to CAD and hypertension due to a new theory of entitlement raised by the Veteran's representative.