Peripheral neuropathy decisions — 2023

The Veteran's initial claim for a rating in excess of 10 percent for her status post left salpingo-oophorectomy scar was denied. The effective date for the grant of service connection for peripheral neuropathy musculocutaneous nerve associated with her surgery was set at November 18, 2014.,The Veteran's claim for a compensable rating for her peripheral neuropathy musculocutaneous nerve associated with her surgery remains pending.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's exposure to herbicide agents while serving aboard the USS Midway. The claims will be reconsidered with additional verification of the Veteran's claimed exposures.

The Veteran's hypertension and/or hypertensive heart disease, type II diabetes, and diabetic neuropathy of the bilateral upper extremities are all granted as they meet the criteria for presumptive service connection due to herbicide exposure under the PACT Act.

The Veteran's appeal for service connection for sleep apnea is dismissed. Service connection for bilateral upper and lower extremity peripheral neuropathies is granted.

The Veteran's PTSD, right and left upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy are currently rated at the maximum allowed under their respective diagnostic codes. The claim for a TDIU is dismissed as the Veteran has already received a 100% schedular evaluation for his service-connected disabilities. SMC based on housebound status is granted.

The Board has denied service connection for Parkinson's Disease, diabetes mellitus, left lower extremity diabetic neuropathy, right lower extremity diabetic neuropathy, and hypertension as these conditions are not related to active service or herbicide exposure.

The Board has granted service connection for diabetes mellitus II and related conditions, as well as SMC based on loss of use of a creative organ. The effective dates are set at March 11, 2022.

The Veteran's bilateral glaucoma is rated at 10 percent, effective November 30, 2021. The Board denied a higher rating.,Diabetes mellitus type II remains rated at 40 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).,The Veteran's diabetic nephropathy is rated at 30 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).,Erectile dysfunction remains noncompensable.,The Veteran's erectile dysfunction is rated at 30 percent, effective November 30, 2021. The Veteran was granted a 20 percent rating for peripheral neuropathy of the left lower extremity (sciatic nerve) and right lower extremity (sciatic nerve).

The Veteran's claims for left lower extremity peripheral neuropathy of the sciatic nerve, left lower extremity peripheral neuropathy of the femoral nerve, and right lower extremity peripheral neuropathy of the sciatic nerve were granted by the Board in October 2018 with effective dates set at March 11, 2010.,The Veteran's claims for an earlier effective date for these service connection grants have been denied.

The Veteran's appeal for additional compensation based on awards of permanent and total disability and/or special monthly compensation is denied. The Veteran was awarded a 100 percent schedular rating and special monthly compensation at the L-1 rate, resulting in a combined payment of $3,864.90 per month. The Board found that these amounts were correctly paid.

The Veteran's service-connected disabilities are of such severity as to preclude him from securing and following substantially gainful employment, which the Board finds based on his education, work experience, and physical limitations.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claims for peripheral neuropathy, right upper extremity (RUE) and left upper extremity (LUE), as well as diabetes mellitus. The claims are being remanded due to a duty to assist error.

The Veteran's claims for service connection for diabetes mellitus, type II, bilateral peripheral neuropathy of the upper and lower extremities, and tinnitus have been granted.,The Veteran's claims for service connection for bilateral hearing loss are remanded.

The Veteran's claims for earlier effective dates are denied as the effective date is set at March 28, 2018 based on his December 2016 VA examination results.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to missing records, including those from Mountain View Regional Medical Center. The issues are also inextricably intertwined with the SMC claim based on anatomical loss of the right foot.

The Board denied service connection for peripheral neuropathy of the left upper extremity, right upper extremity, right lower extremity, and left lower extremity, finding that it was not manifested during service or related to herbicide exposure.

The Board has remanded the Veteran's claims for additional development due to unclear and conflicting VA examination reports regarding the severity of his service-connected peripheral neuropathy. The psychiatric disability claim is also being remanded.

The Veteran's diabetic neuropathies of the left and right lower extremities were granted increased ratings from December 1, 2020. Service connection was denied for gout and acid reflux condition.

The Veteran's lung and prostate cancers are related to his exposures to toxic herbicides. Service connection for both disorders is granted on a presumptive basis under the PACT Act. The claims for kidney cancer, bladder cancer, and peripheral neuropathy are remanded due to lack of VA medical opinions.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for low back disability, right shoulder osteoarthritis, and left arm neuropathy. The heart disability, GERD, and sleep apnea claims remain denied.