Peripheral neuropathy decisions — 2022

The Board has determined that additional evidence must be considered and the claims for service connection are being remanded to allow for a thorough review of all submitted records, including translated Social Security Administration records. The Veteran's claims will be reconsidered in light of new information.

The Board has remanded the Veteran's claims for service connection for a back disability, to include neuropathy, and hair loss due to procedural errors and new evidence. The VA Regional Office is required to consider this additional evidence in their next decision.

The Veteran's claim for restoration of a separate rating for thoracic spine disability was denied as the original decision granting separate ratings was clearly and unmistakably erroneous.,The Veteran is granted TDIU based on his service-connected disabilities, which meet the percentage requirements.

The Veteran's claims for earlier effective dates prior to February 13, 2019 for increased ratings of peripheral neuropathy of the right and left upper extremities were denied as there was no evidence of worsening within one year prior to that date.

The Board has denied service connection for bilateral hearing loss, low back disability, cervical spine disability, left shoulder disability, diabetes mellitus type II, neuropathy of the bilateral upper and lower extremities, and glaucoma.,Service connection was not granted for any of these conditions as there is no evidence showing they began during or are otherwise related to service.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance and due to being housebound was denied. The Board found that the Veteran does not meet the criteria for SMC at either the aid and attendance or housebound rate, as he does not have a single service-connected disability rated 100 percent disabling, is not permanently bedridden or housebound by reason of his service-connected disabilities, and does not require regular aid and attendance due to his service-connected conditions.

The Veteran's claims for earlier effective dates for service connection of thoracolumbar strain with lumbar Schmorl's nodes and IVDS, as well as right lower extremity peripheral neuropathy due to IVDS, are denied. The Board found that no new and relevant evidence was received within the one-year appeal period following the January 2016 denial.

The Board denied earlier effective dates for the grant of service connection for peripheral neuropathy of the bilateral lower extremities, finding that the Veteran's formal application was received more than one year after his intent to file.

The Veteran's TDIU and SMC at the housebound rate have been granted. The issues of a higher rating for CAD and a compensable rating for bilateral hearing loss are remanded.

The Veteran's claims for increased ratings for various knee and upper extremity conditions are being remanded due to the need for additional VA treatment records.

The Board has granted the Veteran's claim for secondary service connection for peripheral neuropathy of the bilateral lower extremities, finding it is at least as likely as not due to his diagnosed diabetes mellitus.

The Veteran's claim for service connection for peripheral neuropathy, right and left lower extremity peripheral neuropathy, PTSD with major depressive disorder, and TDIU is remanded due to the need for additional examinations and development.

The Board has denied a rating in excess of 10 percent prior to December 7, 2020 and a 40 percent rating thereafter for diabetic peripheral neuropathy, left lower extremity. The right lower extremity issue is remanded due to inadequate examination.

The Board has remanded the case due to a lack of objective criteria for defining terms 'mild,' 'moderate,' 'moderately severe,' and 'severe' incomplete paralysis under Diagnostic Code 8520, which pertains to left lower extremity peripheral neuropathy. The Veteran's claim for an initial rating in excess of 20 percent is now remanded for the August 2019 examiner to provide such objective criteria.

The appeal of the reduction in disability ratings for prostate cancer and right upper extremity diabetic peripheral neuropathy is dismissed as moot due to the restoration of the prior rating decisions.

The Veteran's appeal was dismissed due to his death, and the appellant is not eligible for substitution as he did not file a valid claim or request for higher level review at the time of his death.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Board has granted earlier effective dates for the grant of service connection for right and left lower extremity lumbar radiculopathy, both effective February 23, 2014.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus, type II, and peripheral neuropathy of the feet are granted due to in-service herbicide exposure.,Service connection is also granted for a dental disorder on a presumptive basis.

The Board denied increased ratings for small fiber peripheral neuropathy of the left and right lower extremities, finding that symptoms were most analogous to mild incomplete paralysis.