Peripheral neuropathy decisions — 2023

The Veteran's service-connected disabilities required him to be in need of regular aid and attendance, leading to the grant of special monthly compensation (SMC) based on the need for aid and attendance (A&A) from February 7, 2018.

The Board has remanded the claim for service connection for peripheral neuropathy due to a disagreement over whether the Veteran's prostate cancer aggravated his service-connected peripheral neuropathy. The case is being sent back for a new medical opinion that uses the correct standard from Ward v. Wilkie.

The Veteran's appeal for higher ratings for diabetes mellitus and neuropathy with voiding dysfunction was denied. The Veteran's diabetes mellitus did not meet the criteria for a rating in excess of 40 percent, while his neuropathy with voiding dysfunction met the criteria for a 60 percent rating.

The Veteran's PTSD is granted service connection. The right eye condition, bilateral upper and lower extremity neuropathy are all remanded for further examination and opinion.

The Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is granted. The Board finds the VA examiner's opinions along with Dr. A.A.'s positive nexus opinion persuasive in granting service connection for an acquired psychiatric disorder. The issues of entitlement to a higher rating for right knee strain, as well as service connection for lower back condition, cervical arthritis with spondylotic changes, and left arm neuropathy are remanded due to the need for additional medical opinions.

The Board has decided that the Veteran's claims for service connection for left and right lower extremity peripheral neuropathy should be remanded due to incomplete review of the evidence.

The Veteran's hypertension, atrial fibrillation and chronic diastolic heart failure, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy are granted as service-connected due to herbicide agent exposure under the PACT Act.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of the appeal by his representative.

The Veteran's claims for increased ratings for DDD of the thoracolumbar spine and peripheral neuropathy of the sciatic nerve are being remanded due to insufficient examination findings. The case will be returned for further evaluation.

The Board has remanded the Veteran's claims for additional development due to the need to obtain VA treatment records and a copy of the January 2021 VA contract examination report.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities due to exposure to herbicides, specifically Agent Orange. The Veteran's anxiety disorder claims have been withdrawn by the appellant.

The Veteran's claim for special monthly compensation (SMC) due to being housebound was denied because he does not meet the criteria for SMC Housebound, as his disabilities do not satisfy the requirements of a single 100% service-connected disability and additional disabilities independently ratable at 60% or more.

The Board has withdrawn the Veteran's appeals for service connection of various hand disabilities and neuropathy. The remaining claims are remanded due to a lack of complete service medical records and exposure information.

The Board has remanded the issues of effective dates prior to June 7, 2004 for service connection and entitlement to TDIU due to the appellant's service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has dismissed the Veteran's claims of service connection for various types of peripheral neuropathy and ischemic heart disease due to his death.

The Board has dismissed all AMA appeals related to service connection for tinnitus and initial disability ratings for lower extremity neuropathies as the appeal was not properly docketed under the AMA system.

The Veteran's prostate cancer is rated at the maximum schedular rating of 100 percent. Ratings for right and left lower extremity peripheral neuropathy are granted at 40 percent each.

The Board has remanded the claims for service connection due to a duty-to-assist error, specifically failing to obtain VA examinations and medical opinions regarding the current nature and likely etiology of the Veteran's right and left shoulder disabilities, as well as his peripheral neuropathy. The AOJ is also required to readjudicate the previously denied claim of entitlement to service connection for a right knee disability.

The Board denied the Veteran's requests for earlier effective dates for service connection and higher ratings, finding that an earlier effective date is not warranted based on the September 1, 2022 intent to file form received by VA.

The Board has granted service connection for polyneuropathy of the left and right upper extremities as secondary to diabetes mellitus type 2.