Peripheral neuropathy decisions — 2023

The Board has determined that the case must be remanded for further development and readjudication of the Veteran's claims, including obtaining additional Social Security Administration (SSA) records and Department of Transportation (DOT) medical examination records.

The Veteran was granted TDIU effective January 1, 2011. The effective date for the grant of basic eligibility to DEA benefits under 38 U.S.C. Chapter 35 is also set at January 1, 2011.,The Board found that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment from January 1, 2011.

The Board denied the Veteran's claims for service connection for diabetes mellitus, type II and bilateral peripheral neuropathy as secondary to diabetes mellitus, type II. The evidence did not support a finding that these conditions were related to his military service.

The Board has denied service connection for peripheral neuropathy of the upper and lower extremities, respiratory disability, type 2 diabetes mellitus, hypertension, cardiological disability (coronary artery disease), kidney disability (chronic kidney disease), bilateral eye disability, and stomach disability (GERD). The claims are being remanded to verify the Veteran's exposure to herbicide agents at Fort Polk.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment prior to April 1, 2019.

The Veteran's appeal is remanded for further development, including obtaining updated VA and private medical records, scheduling a VA examination to assess the severity of her service-connected cervical strain, tension headaches, and left upper extremity neuropathy, and determining if any diagnosed psychiatric disorder, sleep impairment disorder, or GERD are related to her service-connected disabilities.

The Board has determined that the VA medical opinion provided in September 2020 was inadequate to adjudicate the claim and requires a remand for further development. The Veteran's bilateral lower extremity neuropathy is being remanded due to the need for an addendum opinion addressing the nature and etiology of his condition, including whether it is related to service, particularly exposure to herbicide agents.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of his bilateral lower extremities (feet and legs) due to exposure to Agent Orange during service in Vietnam. The case is being returned for further development, including a new VA examination.

The Board has remanded the claims for diabetes, coronary artery disease (CAD), left upper extremity neuropathy, bilateral lower extremity neuropathy, and chronic obstructive pulmonary disease (COPD) due to potential outstanding SSA records.

The Veteran's service-connected disabilities rendered him unemployable as of October 30, 2013. The Board granted a total disability rating based on individual unemployability (TDIU) effective from that date.

The Board has dismissed the appeal for service connection for right lower extremity peripheral neuropathy due to herbicide exposure as it is substantively the same issue as bilateral upper and lower extremity peripheral neuropathy, which was previously denied in a September 2017 rating decision. The Veteran's claim for bilateral upper and lower extremity peripheral neuropathy has already been remanded by the Board.

The Board has remanded the claims for a transient ischemic attack (TIA) and peripheral neuropathy of both lower extremities due to exposure to herbicides or as secondary to service-connected hypertension. The Veteran's TIA may be related to his service-connected hypertension, and a VA examination is needed to determine this relationship.

The Board has remanded the claims for diabetes mellitus, type II; right lung pulmonary fibrosis; restrictive lung diseases; skin cancer of the entire body; enlarged prostate with elevated PSAs; heart disability; erectile dysfunction; stroke; hypertension; left lower extremity peripheral vascular disease; right lower extremity peripheral vascular disease; left lower extremity peripheral neuropathy; right lower extremity peripheral neuropathy; left upper extremity peripheral neuropathy; right upper extremity peripheral neuropathy; sleep apnea; and loss of use of the right arm and hand due to lack of evidence regarding herbicide exposure in Korea prior to September 1, 1967.

The Board denied service connection for obstructive sleep apnea, type II diabetes mellitus, and neuropathy of the bilateral lower extremities. The evidence did not support a finding that these conditions were related to military service.

The Veteran's hypertension is granted as presumptively associated with presumed exposure to herbicide agents under the PACT Act. Service connection for peripheral neuropathy of the left and right upper extremities, secondary to diabetes mellitus, and for hypertension prior to the PACT Act are remanded.

Service connection is granted for urinary incontinence as secondary to service-connected lumbar spine degenerative arthritis.,Service connection is granted for chronic fatigue syndrome as secondary to service-connected COPD with obstructive sleep apnea.,The Veteran's pleuritic chest pain claim remains pending and requires further examination and opinion.,The heart condition claim, including coronary artery disease and hypertensive heart disease, is remanded due to the inextricably intertwined nature of the issues. A new opinion is needed regarding whether the heart condition is directly related to service.,Gastrointestinal disorder (including gastric ulcers and gastroenteritis but excluding IBS and GERD) claim remains pending and requires further examination and opinion.

The Board has remanded the Veteran's claim for further development due to concerns about the COVID-19 pandemic and incomplete medical records.

The Veteran's diabetes mellitus, right upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and bilateral carpal tunnel syndrome were not incurred or aggravated during service.,There is conflicting medical evidence regarding the etiology of the Veteran's current disabilities. The Board finds that the July 2022 VA examiner’s opinion is more probative on this question.

The Board has remanded several claims, including service connection for various conditions and a higher disability rating for herniated nucleus pulposus. The Veteran is requesting additional examinations to determine the nature and etiology of his claimed conditions.

The Board has remanded the case due to inadequate reasons or bases in the decision, and additional development is needed. The Veteran should be provided another opportunity to submit a completed VA Form 21-8940 and updated treatment records.