Peripheral neuropathy decisions — 2023

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected migraine headaches. The claims for left and right upper extremity demyelinating ulnar neuropathy are remanded.

The Board has determined that the Veteran's service connection claims for dermatitis, hypertension, bilateral lower extremity radiculopathy and neuropathy, resection of the large intestine, esophagus stricture, and shortness of breath should be remanded due to a lack of information regarding specific toxic exposures during his service aboard the USS Forrestal in July 1967.

The Veteran withdrew his appeal for service connection for HIV with peripheral neuropathy, and the Board dismissed this issue as a result.

The Veteran's claims for higher initial ratings and earlier effective dates were denied. The Board found that the criteria for an earlier effective date prior to May 6, 2015, for grants of service connection for peripheral neuropathy in both feet are not met due to the lack of a claim within one year of separation from service. The Veteran's entitlement to these benefits arose following the filing of his initial claim on May 20, 2014, but not before May 6, 2015. The effective date for grants of service connection was set at May 6, 2015, when the Veteran filed a claim for service connection for a low back disability.

The Veteran's service-connected anxiety disorder with depression is alleged to have caused or aggravated obesity, which in turn allegedly caused his claimed disabilities. The Board finds that a remand is necessary to obtain an addendum VA opinion addressing these contentions.

The Veteran's claims for higher initial ratings for kidney disability, left lower extremity peripheral neuropathy in the femoral nerve, and right lower extremity peripheral neuropathy in the femoral nerve have been denied. The criteria for a higher rating were not met as the conditions did not meet the required GFR or paralysis levels.

The Veteran's claims for service connection for depressive disorder, right lower extremity neuropathy, and left lower extremity neuropathy have been dismissed. The claim of service connection for traumatic brain injury (TBI) has been remanded.

The Board has remanded several issues for further development, including service connection claims for various disabilities and exposure to military noise. The Veteran's current hearing loss disability is denied.

The Board has remanded the claims for additional medical opinions to determine if the Veteran's disabilities are related to his service-connected conditions or if they were caused by other factors. The claims will be returned after further development.

The Veteran has withdrawn their claims for service connection for dyspepsia, erectile dysfunction, back disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy through a VA Form 20-0996 Decision Review Request: Higher Level Review.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD and credible reports of in-service stressors, which are sufficient to establish service connection.

The Veteran's right intercostal neuropathy is rated at 20 percent, effective from the date of the decision. The Board also granted TDIU prior to July 27, 2022.

The Board has dismissed all claims as the Veteran withdrew their appeal by requesting a Higher-Level Review and opting all claims from the April 10, 2020 decision into the Appeals Modernization Act.

The Veteran's claim for an evaluation in excess of 70 percent for PTSD and a TDIU prior to August 25, 2022 was denied due to the severity, frequency, and duration of his PTSD symptoms not meeting the criteria for a higher rating.

The Board has awarded an earlier effective date of January 4, 2006 for the grant of service connection for diabetes mellitus type II, bilateral lower extremity diabetic polyneuropathy, and erectile dysfunction. The AOJ must assign initial ratings for these disabilities from that date to May 30, 2019. The issues of increased ratings for diabetes mellitus type II, right lower extremity diabetic polyneuropathy, left lower extremity diabetic polyneuropathy, and erectile dysfunction, as well as a TDIU are remanded.

The Veteran's SMC for regular aid and attendance is granted due to service-connected disabilities including peripheral neuropathy, diabetes, atrial fibrillation, and lower extremity neuropathy.

The Veteran's bilateral lower extremity peripheral neuropathy is currently rated at 40 percent, effective October 4, 2016. The Board has granted this rating based on the severity of the disability as manifested by moderate incomplete paralysis.

The Veteran's eligibility for PCAFC benefits is being remanded due to unclear reasons and lack of adequate notice. The Board will request medical opinions from the CEAT regarding personal care needs, supervision or protection requirements, and need for regular or extensive instruction or supervision.

The Veteran's hypertension and diabetes mellitus, type II are granted as service-connected due to in-service herbicide exposure.,Service connection for kidney stones is granted with a rating of 10 percent.