Peripheral neuropathy decisions — 2023

The Board has granted the Veteran's claim for special monthly compensation based on the need for aid and attendance, finding that he requires daily assistance due to his service-connected conditions. The decision also dismissed the Veteran's appeal for special monthly pension.

The Veteran's claim for service connection of a low back disability has been granted. The remaining issues on appeal, including those related to bilateral hearing loss, diabetes mellitus with atrial fibrillation and erectile dysfunction, lower extremity diabetic peripheral neuropathy, SMC based on the loss of use of a creative organ, and TDIU prior to February 24, 2021, are remanded for further action.

The Veteran withdrew his appeals for TDIU, earlier effective dates for service connection and increased ratings for peripheral neuropathy of the upper and lower extremities.

The appeals for reopening a service connection claim for a respiratory disorder, and for service connection for gout, bilateral feet; a separate bilateral foot disorder, including plantar fasciitis and flat foot; and urinary frequency are dismissed. The appeals for increased ratings for left carpal tunnel syndrome and right hand ganglion cyst are also dismissed. The appeals for service connection for diabetes mellitus, type II, diabetic neuropathy of the right upper extremity, diabetic neuropathy of the left upper extremity, diabetic neuropathy of the right lower extremity, diabetic neuropathy of the left lower extremity, and sleep disorder (including sleep apnea, chronic insomnia, and paroxysmal nocturnal dyspnea) are remanded.

The Board has determined that there is not substantial compliance with prior remand instructions and thus the appeal must be remanded again. The Veteran's bilateral shoulder disabilities are related to service, including in-service injuries. His bilateral upper extremity neuropathy may also be linked to his shoulder disabilities.

The Veteran is granted a special monthly pension (SMP) based on the need for aid and attendance due to her disability, which is reasonably certain to remain throughout her lifetime.

The Board has dismissed all service connection claims for various conditions, including pulmonary embolism with small cell lung cancer and peripheral neuropathy of multiple extremities. The Veteran's death during the appeal process means that no final decision can be made on these claims.

The Board has granted service connection for left lower extremity and right lower extremity peripheral neuropathy, as well as an acquired psychiatric condition (to include PTSD and depression), all related to the Veteran's service in the Republic of Vietnam. Service connection for breast cancer is remanded due to insufficient evidence.

The Veteran's claim for service connection for sinusitis has been denied as there is no current diagnosis of chronic sinusitis during the appeal period.,The Veteran's claim for service connection for bronchitis remains pending and will be remanded to obtain a medical opinion addressing his in-service diagnoses.

The Board denied the Veteran's claims for service connection for diabetes mellitus type 2 and peripheral neuropathy of the upper and lower extremities, finding no evidence to support these claims.

The Veteran's appeals for initial ratings in excess of 10 percent for left and right lower extremity peripheral neuropathy of the sciatic nerve, entitlement to service connection for right Charcot's foot, and entitlement to a TDIU prior to December 3, 2020 have been dismissed.,The Veteran was granted an initial rating of 40 percent for left and right lower extremity peripheral neuropathy of the sciatic nerve, effective August 23, 2012. He also received a separate 10 percent rating for Charcot's arthropathy of the right foot, effective August 23, 2012.

The Board has remanded the Veteran's claims for service connection due to his reported exposure to radiation during military service at U.S. Naval Weapons Station in Yorktown, Virginia.

The Board has decided to remand the Veteran's claims for service connection for peripheral neuropathy of his upper and lower extremities due to inadequate VA medical opinions regarding the relationship between the conditions and service, including exposure to herbicide agents.

The Veteran's claim for a higher disability rating for diabetic peripheral neuropathy of the right and left lower extremities has been denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 40 percent due to lack of severe incomplete paralysis with marked muscular atrophy.

The Veteran's bilateral lower extremity peripheral neuropathy has been granted a 20 percent rating, but no higher, for the entire period on appeal.

The Board has granted service connection for diabetes type II prior to March 6, 2023. The claims for diabetic peripheral neuropathy of the upper and lower extremities are remanded due to a lack of an opinion regarding the etiology of these conditions.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected conditions and his death, as well as the potential impact of in-service herbicide exposure.

The Board granted service connection for non-Hodgkin's lymphoma effective March 15, 2021. The appeal regarding the proposed earlier effective date of August 10, 2022, was dismissed.

The Veteran's service-connected disabilities, including ischemic heart disease, diabetes mellitus type II, diabetic peripheral neuropathy of the right upper extremity, hypothyroidism, and hypertension, render him unable to secure and follow a substantially gainful occupation. As such, he is granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's exposure to herbicides in Vietnam. The AOJ is instructed to investigate whether members of the 1st Mobile Communications Group were sent on temporary duty assignments to Vietnam during the relevant time period.