Peripheral neuropathy decisions — 2023

The Veteran's appeal for service connection of left hand neuropathy has been dismissed due to the withdrawal by his representative.

The Board has determined that additional development is necessary to address the Veteran's claims for service connection, including considering potential exposure to toxic substances and addressing the relationship between his current conditions and his active duty service.

The Board has remanded several claims for service connection, including those related to diabetes and hypertension. The records from the private medical provider Dr. Brookenthal at Advocate Medical Sykes are needed to fully evaluate these claims.

The Veteran's peripheral neuropathy, right lower extremity, sciatic nerve, right upper extremity (radial, median, and ulnar nerves), left upper extremity (radial, median, and ulnar nerves), and left lower extremity (sciatic nerve) have been granted a 20 percent disability rating effective April 9, 2009.

The Board denied the Veteran's claims for earlier effective dates for service connection of right lower extremity, left lower extremity, and right upper extremity peripheral neuropathy due to lack of timely filed notice of disagreement.

The Veteran's claims for right upper extremity and left upper extremity diabetic peripheral neuropathy have been denied.,The Veteran's diabetes mellitus has been granted a 20% rating effective October 28, 2019. The ratings for the left and right lower extremities diabetic neuropathies affecting the sciatic nerve are also granted with the same effective date.

The Board has determined that new and relevant evidence has been received for the claims of service connection for left lower extremity diabetic peripheral neuropathy, right lower extremity diabetic peripheral neuropathy, B-cell lymphoma as a result of herbicide exposure, recurring squamous cell skin cancer as secondary to B-cell lymphoma, deep vein thrombosis (right leg/groin) as secondary to B-cell lymphoma, and diabetes mellitus, type II, as a result of herbicide exposure. The claims are being remanded for further development.

The Veteran's service-connected disabilities, including bilateral lower extremity diabetic peripheral neuropathy, ischemic heart disease, and bilateral dry eyes and cataracts, preclude him from securing or following a substantially gainful occupation.

The Board denied service connection for right upper extremity carpal tunnel syndrome with neuropathy, left upper extremity carpal tunnel syndrome with neuropathy, right lower extremity neuropathy, and left lower extremity neuropathy as the evidence did not support a nexus to service.

The Board has remanded the claims for peripheral neuropathy of the bilateral lower extremities and erectile dysfunction due to pre-decisional duty to assist errors. The Veteran's service-connected diabetes mellitus type II is not considered in determining secondary service connection.

The Veteran's diabetes mellitus and lower extremity peripheral neuropathy were evaluated, with the majority of issues related to increased ratings for these conditions. The appeal was denied as the evidence did not support higher ratings.

The Board denied service connection for bronchial asthma, a skin disease characterized as a fully body rash, type II diabetes mellitus, and bilateral lower extremity peripheral neuropathy due to the lack of evidence supporting herbicide exposure during service.

The Board has remanded the Veteran's claims for service connection for cervical spine disability, neuropathy of the left upper extremity, and neuropathy of the right upper extremity due to procedural issues.,Service connection was denied for all three conditions as there is no evidence linking them to service.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and relationship of the Veteran's conditions to his military service.

The Veteran's service-connected disabilities met the schedular rating requirements and rendered him unable to secure or follow a substantially gainful occupation from July 13, 2022, through April 16, 2023. Beginning April 17, 2023, when his combined rating went into effect at 100%, no individual service-connected disability rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected neuropathy of the bilateral lower extremity (sciatic nerve) alone supports a TDIU, and his combined rating exceeds 60 percent without this condition. Therefore, SMC based on a single service-connected disability rated as total is granted.

The Veteran's loss of use creative organ is granted as secondary to his service-connected prostate cancer. The claims for peripheral neuropathy of the left upper extremity, right upper extremity, and bilateral lower extremities are denied.

The Board has remanded the claims for service connection for peripheral neuropathy of the upper and lower extremities due to errors in previous VA opinions. New opinions are required to address whether these conditions are proximately caused or aggravated by service-connected diabetes mellitus type II.

The Veteran's appeal for increased ratings on avulsion fracture of left thumb, limitation of extension long finger, ulnar neuropathy, and right ulnar neuropathy have been withdrawn. The request for service connection for left ankle condition has been remanded due to new evidence being received.