Peripheral neuropathy decisions — 2021

The Board has remanded the case due to a need for an additional VA medical opinion regarding the severity of the Veteran's bilateral lower extremity peripheral neuropathy at the time of each prior evaluation or explanation.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient medical opinions regarding the proximate cause of his additional disabilities and whether an unforeseeable event occurred during VA referral.

The Board has remanded the claims for service connection for peripheral neuropathy of the right and left lower extremities due to a lack of an adequate examination addressing whether the condition qualifies as 'early onset' peripheral neuropathy, which is required for presumptive service connection based on herbicide exposure. The Veteran was exposed to herbicides in Thailand during his active duty.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,Service connection for bilateral sensorineural hearing loss (SNHL) and diabetes mellitus, type II are remanded due to the need for additional medical opinions regarding their etiology.,Service connection for right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy is also remanded as these conditions are inextricably intertwined with diabetes mellitus, type II.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of both lower extremities due to a failure to conduct VA examination and provide nexus opinion prior to August 2019 rating decision.

The Veteran's claims for increased ratings and TDIU were denied. The maximum schedular rating of 30 percent has been assigned for cold injury residuals in both feet, distal symmetric sensor polyneuropathy affecting the lower extremities, and tinnitus. The Veteran does not meet the criteria for a higher initial rating or TDIU based on his service-connected disabilities.

The Veteran's claims for increased ratings of diffuse sensory and motor poly neuropathy, right lower extremity (RLE neuropathy) and left lower extremity (LLE neuropathy), as well as alcoholic gastritis, associated with primary alcohol use were denied.,The Board found that the evidence did not support a finding that the Veteran's service-connected disabilities of gastritis and bilateral lower extremity poly neuropathy were proximately caused by exposure to toxins, including methyl ethyl ketone (MEK).

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations and further development of his diabetes mellitus and peripheral neuropathy disabilities.

The Board dismissed the appeal for entitlement to service connection for erectile dysfunction.,Service connection was denied for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of his bilateral upper and lower extremities due to cold injuries sustained during service.

The Board has remanded the claims for bilateral hearing loss, tinnitus, and peripheral neuropathy of the right upper extremity due to inadequate examination opinions and incomplete medical history consideration.

The Veteran's claims for service connection for various conditions, including coronary artery disease and diabetes mellitus type II, have been reopened. The Board finds that the evidence received since the October 2008 denial is new and material sufficient to warrant reopening of these claims.

The Board denied the Veteran's claim for service connection for peripheral neuropathy, finding that there was no evidence of early-onset peripheral neuropathy within one year of his last date of herbicide agent exposure or within a year following service discharge. The Board also found that the Veteran's current symptoms did not have their onset during service.

The Board denied service connection for right knee disability, left foot bursitis, left foot neuropathy, and right foot neuropathy as the evidence did not support a finding of in-service disease or injury, and arthritis was not shown within one year post-service.,The Veteran's current disabilities were found to be unrelated to his military service.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case as a result.

The Board has granted increased disability ratings of 30 percent for the service-connected right upper extremity peripheral neuropathy and 20 percent for the service-connected left upper extremity peripheral neuropathy, effective from April 24, 2015.

The Board has determined that the Veteran's claims for bilateral hearing loss, tinnitus, bilateral upper extremity and lower extremity peripheral neuropathy, and an acquired psychiatric condition are remanded due to incomplete medical records and inadequate examination opinions. The RO must obtain all relevant medical records and provide the Veteran with a new VA examination.

The Board has remanded the service connection claims for bilateral upper and lower extremity peripheral neuropathy due to lack of substantial compliance with previous remand directives. The case is also remanded for an addendum medical opinion regarding the etiology of these conditions.

The Veteran's claims for increased ratings and TDIU were denied. For the period prior to October 12, 2020, his bilateral hearing loss was rated at 30 percent; from October 12, 2020, it was rated at 50 percent. From September 16, 2016 through January 24, 2019, the Veteran met the schedular requirements for TDIU due to his service-connected disabilities.

The Board denied an earlier effective date for the award of SMC at the 'L' rate based on the need for regular aid and attendance, finding that it was not factually ascertainable that the Veteran met the criteria before December 22, 2015.