Peripheral neuropathy decisions — 2023

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for right lower extremity peripheral neuropathy of the sciatic and femoral nerves due to additional evidence submitted by the Veteran.

The Board has granted service connection for the Veteran's lumbar spine disability, but has remanded his claims for hypertension, chronic fatigue syndrome, colorectal cancer, lung cancer, diabetes mellitus, type II, peripheral neuropathy of the bilateral upper and lower extremities, and erectile dysfunction due to potential exposure to herbicide agents.

The Veteran's heart condition, caused by service-connected hypertension, is granted. The Veteran's right lower extremity neuropathy is granted a 20% rating. The Veteran's left lower extremity neuropathy prior to November 11, 2022, and as of that date, are both granted a 20% rating. The Veteran's service-connected PTSD does not meet the criteria for TDIU.

The Board has granted service connection for multiple myeloma and peripheral neuropathy of all four extremities due to the Veteran's exposure to herbicide agents during his military service in Vietnam.

The Veteran's widow is appealing the denial of service connection for repeated infections and neuropathy in multiple extremities. The Board has determined that there was a pre-decisional duty to assist error due to lack of VA examination, and thus remanded these issues.

The Board has dismissed the appeals of increased ratings for peripheral neuropathy of the right lower extremity, a skin and nail condition of the feet, and diabetes mellitus as they were withdrawn by the Veteran through clear written notice.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU due to their combined rating of 60 percent, which is less than the required 70 percent under VA regulations.

The Board has remanded several issues related to the Veteran's service-connected conditions, including costochondritis, hiatal hernia with GERD and gallbladder polyp, tibia impairment of the right knee, left ulnar neuropathy, thoracic outlet syndrome, left neuralgia of the median nerve, left neuralgia of the upper radicular nerve, gastric ulcer, and chronic cholecystitis. The remand includes obtaining VA treatment records, scheduling examinations to assess current severity, and conducting TERA examinations as required by the PACT Act.

The Board has remanded the claims for service connection for left lower extremity, right lower extremity, and bilateral upper extremity peripheral neuropathy due to secondary service-connected coronary artery disease and/or herbicide exposure. The remand is necessary because the July 2023 VA medical opinions did not address medications taken by the Veteran for his service-connected hypertension.

The Veteran's OSA is being remanded for further examination and opinion regarding its etiology. The Veteran's peripheral neuropathy cases are also being remanded to clarify the nature of his disabilities and their severity.

The Board has decided to remand the claims for further investigation regarding potential exposure to herbicides during service, specifically while serving aboard the USS Iwo Jima or USS Okinawa in 1967 and 1968. The Veteran's claims for Parkinson's disease, diabetes, and peripheral neuropathy will be reconsidered based on this new information.

The Board has determined that the remand directives were not substantially complied with and the diabetes claim must be addressed again. The peripheral neuropathy claims are also inextricably intertwined and will be remanded along with the diabetes claim.

The Board has determined that there was not substantial compliance with previous remand instructions and another remanded is necessary due to the lack of a copy of the explanation of benefits (EOB) for the Veteran's June 10, 2009 treatment at Kaiser Permanente. The AOJ needs to obtain this EOB or provide an explanation if it cannot be obtained.

The Veteran was granted service connection for diabetes mellitus type II, left and right lower extremity peripheral neuropathy, and coronary artery disease (claimed as heart disease) based on herbicide agent exposure in Thailand.,Effective dates were set at February 14, 2003, for the grants of service connection.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment as of June 1, 2017. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established effective as of June 1, 2017.

The Veteran is granted special monthly compensation (SMC) at the statutory housebound rate effective April 1, 2020. The claim for SMC prior to December 31, 2019 was dismissed as moot.

The Veteran's tinnitus is granted service connection. The Board has remanded the remaining issues due to outstanding records and additional medical opinions are required.

The Veteran's service-connected disabilities, excluding the loss of use of both feet, meet the criteria for an award of aid and attendance benefits under 38 U.S.C. § 1114(l). This entitles him to special monthly compensation at the rate specified in 38 U.S.C. § 1114(r)(1).

The Board has remanded the case due to a lack of an etiology opinion regarding the Veteran's peripheral neuropathy, which is presumed to be related to service. The Veteran was not provided with a VA examination to determine if his current condition is linked to his active duty service.

The Veteran's claim for TDIU was granted effective December 31, 2018. The Board found that the Veteran met the schedular requirements for TDIU as of June 26, 2013 and his entitlement arose on the date he filed the claim.