Peripheral neuropathy decisions — 2023

The Board denied service connection for a neurologic disability of the legs, finding no evidence of such condition during or within one year after service and no causal relationship to service.

The Veteran's cervical spine disability, diagnosed as cervical strain, intervertebral disc syndrome, and disc bulge at C5-C6, is granted service connection.,Service connection for radiculopathy of the right upper extremity, secondary to cervical spine disability, is also granted.

The Board has granted service connection for peripheral neuropathy of the left and right lower extremities on a secondary basis to the Veteran's service-connected lumbar spine disability. The claim for a higher rating for the lumbar spine disability is remanded, as are the claims for upper extremity peripheral neuropathy.

The Board has granted service connection for GERD and denied service connection for all other conditions, including lung disability, upper extremity disorders, lower extremity peripheral neuropathies, kidney stones, benign prostate hypertrophy, low back disorder, hip disorders, and knee disorders. The Veteran's claims are based on presumed exposure to herbicide agents in Vietnam.

The Veteran's service-connected disabilities, including diabetic nephropathy, prostate cancer residuals, and peripheral neuropathy, have prevented him from securing or following a substantially gainful occupation from January 12, 2012 to August 9, 2012.

The Board has determined that the Veteran does not have a current diagnosis of peripheral neuropathy in either his left or right upper extremities, and therefore service connection cannot be established.

The Veteran's bilateral hearing loss is currently rated as 10 percent prior to June 7, 2022, and denied for a compensable rating since that date.,Service connection for the lumbar spine disorder, left upper extremity neuropathy, and bilateral lower extremity disability (including knee strain) are remanded.

The Veteran's right upper extremity peripheral neuropathy is currently rated at 40 percent, effective December 7, 2022. The appeal for higher ratings prior to that date and for TDIU prior to December 27, 2011, has been denied.

The Veteran's application to reopen his claim for service connection for type II diabetes mellitus has been granted. The claims for erectile dysfunction and impotence, sleep apnea, renal failure, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity are remanded due to insufficient evidence regarding in-service exposure to herbicide agents.

The Veteran's right leg sciatica and radiculopathy prior to March 15, 2021 is currently rated at 10 percent.,From March 15, 2021, the Veteran's right leg sciatica and radiculopathy are currently rated at 20 percent.,The Veteran's left leg sciatica and radiculopathy are currently rated at 20 percent.

The Veteran's initial compensable evaluation for bilateral hearing loss prior to September 23, 2022 has been denied.,The Veteran's initial rating in excess of 10 percent for bilateral hearing loss since September 23, 2022 has also been denied.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy with restless leg syndrome and peripheral vascular disease due to a lack of VA examination, outstanding private treatment records, and unclear issues on appeal. The Veteran is presumed exposed to herbicides during service.

The Board has remanded the case due to insufficient opinions regarding the Veteran's eye condition and diabetes mellitus.

The Board denied service connection for residuals of polyps, heart disability, right eye disability, skin disability, headaches, gastrointestinal disorder, diabetes mellitus, peripheral neuropathy, and sleep disorder.,There is insufficient evidence to establish a nexus between the Veteran's conditions and his period of service.

The Board dismissed the claims for service connection for peripheral neuropathy of the left upper and lower extremities due to the Veteran's withdrawal from appeal. The right upper and lower extremity issues are remanded.

The Veteran's diabetes mellitus has been rated at the 20 percent level, which is the maximum rating available under Diagnostic Code 7913.,The Veteran's right lower extremity sciatic diabetic peripheral neuropathy and left lower extremity sciatic diabetic peripheral neuropathy have both been rated at the highest possible 40 percent ratings.

The Board has remanded the Veteran's claims for further development, including obtaining additional medical opinions and records. The issues of entitlement to compensation under 38 U.S.C. § 1151 for residuals of a right sural nerve biopsy, service connection for a lower back disability, and service connection for peripheral neuropathy of the bilateral upper and lower extremities are all remanded.

The Board has denied an earlier effective date for headaches and remanded the issues of service connection for various conditions due to a VA catheter ablation procedure. The Veteran's representative requested compensation under 38 U.S.C. § 1151, but the Board found no additional disability as a result of the procedure.

The Board has decided to remand the Veteran's claims for increased ratings due to a lack of substantial compliance with its previous remand orders. Specifically, the AOJ needs to obtain evidence from the USPS OIG regarding their joint investigation on compensation benefits fraud conducted in 2013.

The Veteran's claims for service connection have been granted, with the exception of bronchitis and cervical radiculopathy in both upper extremities. The PACT Act presumption has been applied to sinusitis.