Peripheral neuropathy decisions — 2022

The Veteran's peripheral neuropathy of the upper and lower extremities, as well as his chronic fatigue syndrome, dizzy spells/imbalance, irritable colon syndrome, tinea pedis, and migraines have been granted increased ratings. However, service connection for these conditions remains pending due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for ischemic heart disease and peripheral neuropathy in his bilateral lower extremities due to potential exposure to herbicide agents (Agent Orange) during service. The Veteran needs further examination to determine if he served within 12 nautical miles of Vietnam, and a VA medical examination is required to assess the nature and etiology of his IHD and neuropathy.

Service connection is granted for bilateral hearing loss and tinnitus as these conditions are presumed to have been incurred in service.,Service connection is also granted for tinnitus as it is proximately due to a service-connected disability (bilateral hearing loss).,Service connection is denied for COPD, as there is no evidence of its onset within one year after the last date of herbicide exposure and no other basis for presumptive service connection.,Service connection is denied for bilateral lower extremity peripheral neuropathy due to lack of evidence showing it became manifest to a degree of 10 percent or more within a year after the last date of herbicide exposure.

The Board has granted service connection for bilateral upper and lower extremity numbness, diagnosed as peripheral neuropathy, on a secondary basis to the Veteran's service-connected cervical spine disability and thoracolumbar spine disability.

The Board has remanded the case due to the need for additional private treatment records and a medical opinion regarding the Veteran's need for regular aid and attendance of another person.

The Veteran's appeals for service connection for DMII, a heart condition, and hypertension have been dismissed. The issues of service connection for left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and right upper extremity peripheral neuropathy secondary to DMII are remanded.

The Board has granted service connection for right and left lower extremity peripheral neuropathies, as well as for bilateral lower extremity tarsal tunnel syndromes, all related to the Veteran's in-service exposure to contaminated water at Camp Lejeune and tactical herbicide agents used in Vietnam.

The Veteran's claim for an earlier effective date for PTSD was denied as the earliest date of receipt of a formal or informal claim is March 17, 2016.,Increased disability ratings for neuropathy of the bilateral lower extremities were granted at 30 percent each. The criteria for higher ratings are not met due to lack of evidence showing complete paralysis.,The Veteran's TDIU prior to March 17, 2016 was remanded as there is no indication that his service-connected disabilities alone meet the requirements for a TDIU.

The Veteran's cervical spine disability, left upper extremity neuropathy, right upper extremity neuropathy, tinnitus, bilateral hearing loss, groin rash, and sleep apnea were not shown to be related to service.,Service connection for these conditions was denied.

The Veteran's service-connected disabilities, including PTSD, bronchitis, diabetes mellitus, peripheral neuropathy of the lower extremities, and tinnitus, combine to render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has granted initial ratings of 40 percent for right upper extremity diabetic neuropathy, 30 percent for left upper extremity diabetic neuropathy, and 20 percent each for right and left lower extremity diabetic neuropathy (sciatic nerve) effective December 9, 2021. Separate compensable ratings are denied for the femoral nerves.

The Board denied a rating in excess of 20 percent for diabetic peripheral neuropathy of the right and left lower extremities, finding that the symptoms did not meet the criteria for moderately severe incomplete paralysis.

The appeal for additional attorney fees based on the past-due benefits awarded in a December 2020 rating decision is dismissed as the appellant no longer wishes to pursue the appeal and has already received the payment.

The Board has granted service connection for diabetes and diabetic peripheral neuropathy in the lower extremities on a presumptive basis under the PACT Act, as the Veteran served in Thailand during the Vietnam era. Service connection is also granted on a secondary basis for diabetic peripheral neuropathy in the right and left lower extremities.

The Board has remanded the case due to duty-to-assist errors, including incomplete VA treatment records and missing service personnel/service treatment records. The Veteran's claim for ALS is also being reviewed.

The Board has remanded the cases for additional development due to a potential relationship between the Veteran's neuropathy and his service-connected diabetes mellitus type II.

The Veteran's appeal for an increased rating for left calf fasciculations and dysesthesia, as well as his request for TDIU, were both denied. The Board found that the symptoms did not meet the criteria for a higher rating under Diagnostic Codes 5312 and 8525.

The Veteran's peripheral neuropathy is granted as service connected due to its onset in service.

The Board has remanded the claims of service connection for peripheral neuropathy of both lower extremities due to inadequate previous medical opinions and lack of substantial compliance with prior directives.

The Board has remanded the claims of service connection for aphasia, left ulnar nerve neuropathy, and memory loss due to inadequate medical opinions. The claims are being returned for further evaluation.