Peripheral neuropathy decisions — 2023

The Veteran's diabetes mellitus type I and related peripheral neuropathies are granted as service connected, with the conditions being secondary to his service-connected diabetes.

The Veteran's claim for an earlier effective date for the award of a 80 percent disability rating for service-connected bilateral hearing loss is denied. The Board also finds that the Veteran's TDIU and DEA claims are not moot due to errors in the AOJ decision, and these matters are remanded.

The Board denied the Veteran's claims for service connection for left and right upper extremity peripheral neuropathy, finding that there was no evidence of a nexus between his current disabilities and his military service or herbicide exposure.

The Veteran's claims for service connection for various peripheral neuropathies and multiple myeloma are denied as the effective date cannot be earlier than August 10, 2022 due to the PACT Act.

The Board dismissed the appeals regarding the reduction of ratings for diabetic neuropathy of both lower extremities from 60 percent to 20 percent effective April 1, 2021.

The Veteran's claims for service connection for bilateral leg neuropathy external popliteal nerve were denied in March 2019. The Board found that an earlier effective date is not warranted as the supplemental claim was received more than one year after the denial, and there is no evidence of clear and unmistakable error (CUE) in the prior decision.

The Veteran's appeal for service connection of a left leg condition is dismissed.,Service connection for left upper extremity neuropathy and right upper extremity neuropathy has been denied.,A cervical spine disorder remains pending and will be remanded.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for PTSD, thyroid nodule condition, and peripheral neuropathy. The issues are being remanded.

The appeals for severance of service connection for peripheral neuropathy and diabetes mellitus have been dismissed due to the Veteran's death.

The Veteran's diabetes mellitus type two is presumed due to herbicide agent exposure in the territorial waters of Vietnam. His right and left lower extremity peripheral neuropathy are also granted as secondary to his service-connected diabetes.

The Veteran's claims for increased ratings for type II diabetes mellitus, bilateral mixed cataracts as secondary to type II diabetes mellitus, and diabetic peripheral neuropathy of the right upper extremity have been remanded due to insufficient evidence. The appeals are pending.

The Veteran's TDIU claim is granted as she meets the schedular criteria for a TDIU based on all her service-connected disabilities, which include a lumbar spine disability rated at 40 percent and other conditions. The effective date will be determined by the AOJ.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of both lower extremities, finding that there is no evidence to support a nexus between his current condition and active service or herbicide exposure.

The Veteran's service-connected disabilities, including PTSD and multiple other conditions, have rendered him unable to secure or follow substantially gainful employment. Effective March 10, 2021, the Veteran is granted a TDIU rating of 100%.

The Board has remanded the case to consider additional evidence submitted by the Veteran, including maps and medical reports from U-Tapao Air Force Base in Thailand. The decision is pending further action.

The Board has denied the Veteran's claim for service connection for a heart disability, finding that there is no evidence of its onset during or within one year after service. The appeal was also remanded for additional examinations and opinions regarding his right elbow, right upper extremity cubital tunnel syndrome, bilateral lower extremity neuropathies, and left upper extremity peripheral neuropathy.

The Veteran's claim for a rating in excess of 60 percent for Acquired Immune Deficiency Syndrome (AIDS) with pneumonia is being remanded due to the need for an adequate VA examination.

The Board has decided to remand the cases due to a duty to assist error regarding the relationship between the service-connected peripheral neuropathy of the bilateral lower extremities and the diagnosed peripheral neuropathy of the bilateral upper extremities.

The Board has dismissed the appeals regarding service connection for peripheral neuropathy in all four extremities due to the Veteran's withdrawal of his appeal.

The Veteran's TDIU claim is granted for the period prior to December 13, 2021, as he meets the schedular criteria and is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.