Peripheral neuropathy decisions — 2023

The Board has remanded the claims for service connection for left upper extremity, left lower extremity, right upper extremity, and right lower extremity polyneuropathy due to an error in adjudicating these conditions.

The Veteran's appeals for various ratings and effective dates related to his service-connected peripheral neuropathies have been dismissed due to the death of the Veteran.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Board has granted service connection for tinnitus. Service connections for bilateral hearing loss disability, LUE peripheral neuropathy, RUE peripheral neuropathy, LLE peripheral neuropathy, and RLE peripheral neuropathy are remanded.

The Veteran's prostate cancer residuals are rated at 40 percent, which is the maximum rating available under DC 7528.,The Veteran's DM2 is currently rated at 20 percent and does not meet the criteria for a higher rating based on diabetes requiring one or more daily injections of insulin and restricted diet, or an oral hypoglycemic agent and restricted diet (40 percent).,For diabetic peripheral neuropathy of the right lower extremity, the Veteran is rated at 20 percent prior to July 18, 2023, and 20 percent thereafter. The evidence does not support a higher rating based on moderate incomplete paralysis.,For diabetic peripheral neuropathy of the left lower extremity, the Veteran is also rated at 20 percent prior to July 18, 2023, and 20 percent thereafter. The evidence does not support a higher rating based on moderate incomplete paralysis.

The Board has granted service connection for hypertension, MGUS, and prostate cancer. Service connection is remanded for thyroid disorder, multiple sclerosis (MS), neurological disorder claimed as Parkinson's disease, GERD, bilateral upper extremity peripheral neuropathy, and bilateral hand arthritis.

The Board has remanded the Veteran's claims for service connection due to inadequate examination reports and insufficient evidence regarding the etiology of his claimed conditions. The Veteran is required to undergo additional VA examinations to address these issues.

The Board has remanded the Veteran's claims for service connection due to gaps in private treatment records and the need for additional examinations. The issues include back disability, upper left extremity neuropathy, lower left extremity neuropathy, erectile dysfunction, and sleep apnea.

The Board has denied service connection for right and left lower extremity peripheral neuropathy, finding that the current conditions are not related to service or service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and incomplete medical records. The claims will be reviewed with a new examination.

The Board has dismissed the appeals for ratings in excess of 10 percent for peripheral neuropathy, left and right lower extremities (sciatic and femoral nerves), due to the appellant's withdrawal of these issues.

The Board has found new and relevant evidence for several of the Veteran's claims, including GERD, peripheral neuropathy, right hip replacement, right knee status post total knee replacement, and thoracic aortic aneurysm. The claims are being remanded due to insufficient evidence or conflicting theories.

The Veteran's claims for service connection for diabetes mellitus, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy are being remanded due to a lack of proper documentation regarding herbicide exposure during service. The Board will attempt to verify the U.S.S. Ranger's position within 12 nautical miles of Vietnam or in the waters outlined by law.

The Veteran's appeal for service connection for peripheral neuropathy of the right and left lower extremities was dismissed because it was not a proper appeal under the Appeals Management Act (AMA) system.

The Veteran's physical and mental disabilities, including service-connected bilateral knee disabilities, diabetes mellitus, and PTSD, require him to be in need of regular aid and attendance. The Board finds that the evidence is in equipoise regarding his requirement for aid and attendance due to his service-connected conditions.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, as his current protected work environment with VA does not allow for substantial income generation.

The Board denied the Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities as due to herbicide agent exposure, finding that there was no causal relationship between his current disability and in-service disease or injury.

The Veteran's hypertension is granted as presumptively related to herbicide exposure under the PACT Act.,Left eye ischemic optic neuropathy is granted as secondary to service-connected ischemic heart disease.

The Veteran's claims for service connection for neuropathy of the bilateral upper and lower extremities, tinnitus, obstructive sleep apnea, bilateral hip disability (secondary to knee disability), right knee disability, left knee disability, and aid and attendance have been denied. The earlier effective date claim for tinnitus has also been denied.,The Veteran's claims for service connection for the aforementioned conditions are pending.

The Board has reopened the Veteran's claim for service connection for a psychiatric disability and remanded all other issues due to new evidence received since the last denial. The claims are being remanded for further development, including VA examinations.