Peripheral neuropathy decisions — 2023

The Veteran was granted a TDIU effective February 19, 2014, due to his service-connected disabilities.,Basic eligibility for Chapter 35 DEA benefits was also granted effective February 19, 2014.

The Board has dismissed the Veteran's appeals regarding entitlement to earlier effective dates and increased initial ratings for left and right lower extremity peripheral neuropathy.

The Board has determined that the appeal was erroneously docketed under the Modernized Appeals System (AMA) and is dismissed. The issues will be addressed in a decision under the legacy system at a later date.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, COPD, low back pain, and lower extremity neuropathy are remanded due to duty-to-assist errors.

The Board has remanded the claims for lumbar spine disability, RLE and LLE peripheral nerve disorders, and OSA due to duty-to-assist errors.

The Veteran's claims for service connection for various conditions, including heart disability, prostate cancer, hypertension, fatigue, syncope, vertigo, erectile dysfunction, glaucoma, and peripheral neuropathy of the upper and lower extremities, have all been denied as not supported by evidence linking these conditions to his active military service.

The Board has decided to remand the case due to outstanding private treatment records for LLE neuropathy. The Veteran needs to provide a VA Form 21-4142 and request authorization from St. Jude Medical Center.

The Board has remanded the cases due to a failure to issue a supplemental statement of the case (SSOC) for increased disability ratings for bilateral upper and lower extremity peripheral neuropathy, as well as PTSD. The issues remain on appeal.

The Veteran's claims for increased ratings and other issues were denied. The Veteran was granted a 100 percent disability rating for PTSD effective July 7, 1997, and SMC at the housebound rate from October 28, 2002. The issue of TDIU prior to July 2, 2004, is dismissed as moot.

The Veteran's claims for diabetes, throat cancer, diabetic peripheral neuropathy, seborrheic dermatitis, and bilateral hearing loss have been granted as they are presumed to be related to his service-connected conditions under the PACT Act.

The Veteran's appeals for higher ratings for diabetic peripheral neuropathy affecting his right and left upper extremities have been remanded due to the need for further development.

The Veteran's diabetes mellitus type II is granted a 40 percent evaluation, but his claim for service connection of bilateral upper extremity diabetic peripheral neuropathy is remanded.

The Veteran's right and left lower extremity peripheral neuropathy have been granted initial ratings of 40 percent each. The TDIU issue is remanded for further development.

The Veteran's bilateral foot disabilities, including metatarsalgia and plantar fasciitis associated with lateral plantar nerve entrapment neuropathy, are being remanded for further evaluation.

Service connection for diabetes mellitus, type II (DM) and prostate cancer is granted due to the PACT Act presumption of herbicide exposure. Service connection for erectile dysfunction (ED), secondary to service-connected prostate cancer, is also granted.,Service connection for right upper extremity peripheral neuropathy and left upper extremity peripheral neuropathy is denied as there is no evidence of herbicide agent exposure.

The Veteran's hypertension has been granted a 10% rating, effective from the date of the decision.,Both his right and left upper limb unspecified mononeuropathies have been granted a 10% rating, effective from the date of the decision.,The Veteran's right lower extremity radiculopathy has been granted a 20% rating, effective from the date of the decision. The Veteran is denied a higher rating for this condition.,The Veteran's left lower extremity radiculopathy has been granted a 20% rating, effective from the date of the decision. The Veteran is denied a higher rating for this condition.

The Veteran's bilateral hearing loss and diabetes mellitus type 2 evaluations have been dismissed due to the appellant's withdrawal of these issues.,Higher ratings for peripheral neuropathy of the left lower extremity (sciatic nerve), right lower extremity (sciatic nerve), left lower extremity (femoral nerve) associated with herbicide exposure, and right lower extremity (femoral nerve) associated with herbicide exposure have been granted. The Veteran's status post left ankle fracture evaluation has been denied.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected PTSD rendered him unable to secure or follow a substantially gainful occupation prior to November 15, 2021. From that date onwards, the Veteran is in receipt of a 100% disability rating for his PTSD.

The Board has remanded the cases for further examination and opinion regarding service connection, as well as determining whether additional evidence is needed to establish a relationship between current conditions and service.

The Board has remanded the Veteran's claim for service connection for a neurologic disability of the bilateral lower extremities, including sciatica and ilioinguinal neuropathy, due to or aggravated by her service-connected lumbosacral strain. The AOJ is instructed to obtain medical opinions addressing these issues.