Peripheral neuropathy decisions — 2023

The Veteran's claim for service connection for hypertension was reopened and granted. Service connection was also denied for chloracne, left lower extremity neuropathy, and right lower extremity neuropathy.

The Veteran's claims for service connection for tinnitus, right ear hearing loss disability, and vertigo have been denied due to lack of current diagnoses.,Service connection has also been denied for hypertension, kidney disease, diabetes mellitus type II, bilateral upper extremity and lower extremity peripheral neuropathy, and a cardiovascular disorder (including CAD).,The Veteran's claim for entitlement to total disability rating based on individual unemployability (TDIU) has also been denied.

The Board has decided to remand the Veteran's claims for right and left upper extremity disabilities (claimed as diabetic peripheral neuropathy) due to incomplete service treatment records, outstanding private medical records from Dr. W.K., and missing VA treatment records.

The Board denied service connection for prostate cancer, lumbar spine disability, urinary incontinence, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy as they were not related to the Veteran's active duty service. The Veteran's exposure to herbicide agents was not verified, and there is no evidence of his presence in Vietnam.

The Veteran's request to reopen the claim of service connection for polycystic kidney disease has been granted. The claims for diabetes mellitus type II, peripheral neuropathy (both lower extremities), prostate cancer, and tinnitus have all been denied.

The Veteran's claim for service connection for hypertension is granted under the PACT Act. The claim for service connection for a heart condition, including non-ischemic cardiomyopathy (claimed as ischemic heart disease), gastric ulcer, peptic ulcer, anemia, calculi of the gall bladder, peripheral neuropathy of the bilateral lower and upper extremities, and PTSD is reopened due to new evidence received since the last final denial in November 2010.

The Board has remanded the Veteran's claims for service connection for essential tremors and peripheral neuropathy of the lower extremities as a result of exposure to herbicides, specifically Agent Orange. The case is being sent back for an independent medical expert opinion.

The Board has remanded the issues regarding service connection for a liver disorder and entitlement to special monthly compensation on the basis of the need for regular aid and attendance.

The Board has determined that the VA examination provided in this case was inadequate and remanded for further development. The Veteran's claim of service connection for a neurologic disability of the bilateral lower extremities, to include sciatica, is being returned to the AOJ for additional development.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for increased ratings due to insufficient evidence regarding his lumbar spine disability and peripheral neuropathy of the right lower extremity. The Veteran must be provided with a VA examination to assess the severity of these conditions, including during flare-ups.

The Veteran's service-connected disabilities, including acute intermittent porphyria with iron deficiency anemia, somatization disorder, left and right lower extremity peripheral neuropathy, left knee instability, left knee chondromalacia patella, and right knee chondromalacia patella, have at least as likely as not prevented him from engaging in substantially gainful employment since 13 December 2011. The Board granted an effective date of 13 December 2011 for the TDIU.

The Board has determined that a VA examination is needed to assess the Veteran's claim for peripheral neuropathy of the bilateral upper extremities, including as due to herbicide agent exposure or secondary to service-connected disabilities.

The Board has granted service connection for non-Hodgkin's lymphoma and ischemic heart disease. The issues of secondary service connection for anosmia, ageusia, peripheral neuropathy, cognitive disorder, and acquired psychiatric disorders are remanded.

The Board has remanded the claims for service connection due to uncertainty regarding the Veteran's exposure to herbicide agents while serving on the U.S.S. Franklin D. Roosevelt (FDR). The logbooks show at least one mark indicating landfall in Vietnam, but it is unclear whether this indicates within 12 nautical miles of Vietnam or along the rivers of Vietnam.

The Board has remanded the case due to the need for a retrospective VA examination to assess the severity of the service-connected disability from April 14, 1977 to November 22, 2011.

The reduction in the rating for NHL from 100% to 40%, effective March 1, 2018, was proper. The Veteran's TDIU claim is remanded.

The Board has determined that the VA examination and medical opinion provided in April 2020 do not comply with the March 2020 remand directives. Therefore, another remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's claimed lower extremity neuropathy.

The Veteran's service connection for type II diabetes mellitus and its associated neuropathies of the extremities is granted due to exposure to herbicide agents during military service.

The Board has granted service connection for bilateral upper and lower extremity peripheral neuropathy, finding that the evidence is in equipoise as to whether these conditions are related to Agent Orange exposure during service.