Peripheral neuropathy decisions — 2022

The Veteran's claims for increased ratings for coronary artery disease, diabetes mellitus type II, and peripheral neuropathy have been denied as his conditions do not meet the criteria for a higher rating under VA's disability evaluation guidelines.

The Veteran's service-connected disabilities, including coronary artery disease, anxiety disorder, type II diabetes mellitus with retinopathy, tinnitus, peripheral neuropathy of the lower extremities, and bilateral hearing loss, have rendered him unable to secure and follow substantially gainful employment consistent with his education and occupational experience.

The Board has denied a compensable rating for left ear hearing loss and has remanded the remaining claims of service connection for various disabilities. The Veteran is required to provide updated VA records, as well as obtain relevant Federal records from USPS and OPM.

The Veteran's service-connected disabilities cause the need for regular aid and attendance, resulting in SMC based on the need for regular aid and attendance being granted. The issue of a separate compensable rating for a sleep disorder is remanded.

The Board has remanded the claims for service connection due to new and material evidence submitted by the Veteran, but the issues remain unresolved as they are related to exposure during service.

The Board has determined that the Veteran's claimed heart disorder, hypertension, diabetes mellitus type II, and peripheral neuropathy of the upper and lower extremities are not service-connected as they did not manifest during his active duty or within one year post-service. The Veteran was never found to have been in Vietnam for purposes of herbicide exposure.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and seeking outstanding VA and private treatment records.

The Board has remanded the Veteran's claims for service connection for bilateral lower extremity peripheral neuropathy due to presumed herbicide exposure, as there is a pre-decisional duty to assist error in the August 2019 VA opinion.

The Board has remanded the claims for further development due to duty-to-assist errors in obtaining medical opinions regarding the relationship between the Veteran's service-connected diabetes mellitus type II and his claimed conditions.

The Veteran's service-connected diabetes mellitus and peripheral neuropathy are found to be the proximate cause of his bilateral hand tremors. He is also granted SMC based on need for aid and attendance due to multiple service-connected disabilities.

The Board has remanded several service connection claims for hypothyroidism, kidney disability, prostate disability, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity. The claims are being remanded to correct a pre-decisional duty to assist error by confirming whether the Veteran was stationed at Eglin Air Force Base during the spraying of herbicide agents.

The Veteran's peripheral neuropathy of the right lower extremity and right foot drop have been granted initial ratings, with a maximum rating of 30 percent for each condition. The TDIU claim has also been granted.

The Veteran's appeal for service connection for diabetic neuropathy was dismissed as the Appellant indicated she wanted to withdraw her appeal. The other issues on appeal are being remanded due to new evidence and previous instructions.

The Veteran's tension headaches are rated at 30 percent, and his TDIU is granted effective October 27, 2010. The Board found that the combination of service-connected disabilities prevented him from securing or following substantially gainful employment since then.

The Board has remanded the claims for service connection for left and right upper extremity peripheral neuropathies, to include as secondary to his service-connected thoracic spine disability.

The Veteran's claims for increased ratings for left and right lower extremity peripheral neuropathy were denied as the evidence did not support a higher rating based on mild incomplete paralysis.

The Board has remanded the TDIU claim due to insufficient evidence regarding the combined effects of the Veteran's service-connected conditions on his employability. The Veteran is currently service connected for PTSD, right hip injuries, diabetes mellitus, type II, tinnitus, peripheral neuropathy of the bilateral lower extremities, and left ear hearing loss.

The Veteran's diabetes mellitus, type II and bilateral upper and lower extremity peripheral neuropathy are granted as service connected due to presumed exposure to herbicide agents in Thailand. The PACT Act provides a presumption of exposure for veterans who served in Thailand during the specified period.

The Veteran's service-connected diabetic neuropathy of the right and left lower extremities results in a loss of use of one or both feet, meeting the criteria for financial assistance in purchasing an automobile or adaptive equipment.

The Veteran's claim for SMC based on the need for aid and attendance or due to being housebound was denied as he does not meet the criteria for either benefit.