Peripheral neuropathy decisions — 2023

The Veteran's scars from a service-connected right-hand laceration injury are granted a 10 percent disability rating. The Veteran's residuals of the right hand (major) laceration, peripheral neuropathy median nerve, is denied an increased rating.

The Board has remanded the claims of entitlement to an effective date prior to April 21, 2011, for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility to Dependent's Educational Assistance (DEA). The AOJ must submit these claims to the Executive Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board denied service connection for auditory neuropathy, bilateral optic neuropathy, vestibular disorder including BPPV and Meniere's disease, and inner back neuropathy due to the lack of diagnosed conditions during the appeal period.

The Board has decided to remand the case due to insufficient notice and clarification of reasons for denial, as well as legal adequacy issues. The Veteran's eligibility for PCAFC benefits will be reconsidered under appropriate criteria.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted his TDIU claim from January 30, 2012 onward.

The appeal as to entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.,Service connection for adjustment disorder with mixed anxiety and depressed mood prior to February 5, 2023, is granted. The Veteran's current psychiatric disability is proximately due to or the result of a service-connected disability.,Service connection for gastrointestinal reflux disease (GERD) is granted. The Veteran's GERD had its onset during service.,An initial 20 percent rating for left upper extremity radiculopathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,An initial 10 percent rating for right upper extremity peripheral neuropathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,A separate 20 percent rating for right knee instability is granted. The Veteran has experienced symptoms most nearly approximating moderate right knee instability.

The RO granted an aid and attendance allowance effective August 3, 2023. The Board finds a duty to notify error due to not informing the appellant about earlier effective dates for aid and attendance based on need.

The Veteran's appeals for service connection for diabetic retinopathy, bilateral foot pain with tingling and numbness, and left hand pain to include numbness and tingling have been dismissed. The claims of service connection for these conditions are remanded.

The Veteran's appeal for increased ratings and service connection has been withdrawn, resulting in the dismissal of all related claims.

The Board has remanded the cases due to errors in decision-making and the need for additional medical opinions regarding service connection for idiopathic peripheral neuropathy of the right lower extremity (RLE) and left lower extremity (LLE).

The Board has found that new evidence was submitted and the claims are being remanded for further review.

The Veteran's claims for effective dates prior to August 11, 2014, for service connection of peripheral neuropathy of the bilateral upper extremities were dismissed as there was no evidence of unadjudicated formal or informal claims prior to this date.,Claims for earlier effective dates for service connection of peripheral neuropathy of the right and left lower extremities, sciatic nerves, were also dismissed due to lack of continuous pursuit.

The Veteran's initial ratings for diabetic peripheral neuropathy of the left and right lower extremities were denied prior to May 17, 2011.,PTSD was remanded by the Board due to failure to obtain private treatment records.

The Board has remanded the claims for service connection for right and left foot disabilities due to inadequate VA medical opinions. The Veteran's lay statements regarding in-service events are considered.

The Board denied service connection for right upper extremity neuropathy with carpal tunnel syndrome, left upper extremity neuropathy with carpal tunnel syndrome, bilateral hip disabilities, and bilateral ankle disabilities. A total disability rating based upon individual unemployability (TDIU) was granted.

The Board has remanded the claims for service connection due to concerns about the adequacy of a VA examiner's opinion and the need to address conflicting evidence.

The Veteran's claim for a higher rating of right upper extremity neuropathy is denied.,The Veteran's claim for a higher rating of psychiatric disability prior to July 30, 2014, is also denied.

The Veteran's service-connected disabilities necessitated his need for regular aid and assistance of another individual, leading to a grant of special monthly compensation (SMC) based on aid and attendance.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the current issues on the appeal, including entitlement to increased ratings for diabetic neuropathy of the right and left lower extremities affecting the sciatic and femoral nerves.

The Board has decided to remand the cases for further development due to non-compliance with previous directives. The Veteran's bilateral peripheral neuropathy is being examined again, and he must provide a response regarding its relation to service, including exposure to herbicide agents in Vietnam.