Peripheral neuropathy decisions — 2023

The Board dismissed the appeal of proposed reductions in ratings for ischemic heart disease and axon peripheral neuropathy of the lower extremities as the May 2023 rating decision was only a proposal, not a final agency action.

The Veteran's TDIU and DEA benefits were granted effective February 18, 2009. The Board found that the Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities from February 18, 2009.,The effective date for the grant of DEA benefits is also set at February 18, 2009, as it corresponds with the TDIU grant.

The Veteran's service-connected disabilities, including right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, diabetes mellitus type 2 (DM2), right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on the schedular criteria.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU.

The Veteran's claims for left and right upper extremity peripheral neuropathy, coronary artery disease, abdominal aortic disability, and diabetes mellitus type II are being remanded due to the need for additional development regarding his exposure to Agent Orange during service.,The Board is unable to make a determination on these issues without first obtaining further information from the Veteran's service records and medical history.

The Board has remanded the case due to inadequate compliance with prior remand instructions, requiring further development of medical opinion evidence regarding the nature and etiology of the Veteran's sleep apnea disability.

The Veteran's claim for service connection for headaches has been reopened due to the submission of new and material evidence.,Service connection for sinusitis is granted on a presumptive basis due to exposure to fine particulate matter (burn pits) during service.

The Veteran's claims for service connection for lumbar spine stenosis, cervical spine degenerative disc disease and degenerative joint disease, peripheral neuropathy of the bilateral lower extremities, and peripheral neuropathy of the bilateral upper extremities have been denied.,Service connection cannot be established as the evidence does not show a nexus between these conditions and service.

The Board has decided to remand the Veteran's claims for additional development due to concerns about the competence of the December 2019 VA examiner and the need to consider the Veteran's self-reported lay histories in providing examination opinions.

The Board has remanded the Veteran's claims for fibromyalgia, neurological disorder other than peripheral neuropathy, and respiratory disorder (COPD) due to inadequate compliance with previous remand instructions. Additional development is needed to determine whether these conditions are related to service.

The Veteran's service-connected conditions did not render him so helpless as to need regular aid and attendance during the period at issue, leading to a denial of SMC based on the need for regular aid and attendance.

The Veteran's claim for service connection for a cervical spine disability was reopened and granted.,Service connection has been established for the Veteran's peripheral neuropathy of the left and right upper extremities, with both issues being remanded.

The Veteran's TDIU and Dependents' Educational Assistance benefits have been granted with the earliest possible effective dates, and no further issues remain for appeal.

The Board denied the Veteran's claim for a total disability based on individual unemployability (TDIU) because neither the Veteran nor his representative provided the required TDIU Claims Form, which is considered abandoned.

The Veteran's back disorder is not found to be secondary to his service-connected left knee disability.,There is no current diagnosis of peripheral neuropathy of the bilateral lower extremities, and the Veteran does not have a current diagnosis of this condition.

Service connection for peripheral neuropathy of the left and right upper extremities is granted as secondary to service-connected diabetes mellitus. A TDIU rating on a schedular basis is granted from July 13, 2022.

The Veteran's claims of service connection for various conditions have been reopened, but the Board has determined that further development is necessary before these claims can be adjudicated.

The Board has remanded the cases due to insufficient medical opinion regarding whether the Veteran's peripheral neuropathy is caused or aggravated by his service-connected hammertoe disability.

The Veteran's bilateral optic nerve atrophy with visual acuity and field loss due to ischemic optic neuropathy is being remanded for further review by a VA medical professional who can provide an opinion on whether the event not reasonably foreseeable during his hip replacement surgery caused this disability.

The Veteran's service connection for peripheral neuropathy left lower extremity and left ankle was granted with a rating of 30 percent, effective August 6, 2018.