Peripheral neuropathy decisions — 2024

The Board has granted service connection for a cardiovascular disability, diabetes mellitus, and neuropathy of the upper and lower extremities. The issues regarding service connection for these conditions have been remanded.

The Board has remanded the Veteran's claims for additional development and due process considerations, including obtaining medical records and scheduling VA examinations. The claims are being returned to the AOJ for further action.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus type II, heart condition, and peripheral neuropathy due to herbicide agent exposure. The RO is instructed to obtain an opinion from an environmental toxicologist regarding the Veteran's claimed exposures.

The Board has found that additional development is needed to verify the Veteran's claimed nerve agent exposure and/or poisonous gas exposure during basic training, and to obtain a medical opinion regarding the etiology of his current bilateral upper and lower extremity neuropathy.

The Board dismissed the Veteran's claims for service connection for neuropathy of the right and left lower extremities as the Veteran did not timely file a VA Form 10182 in response to the March 2023 rating decision.

The Veteran's service-connected bilateral pes planus with plantar fasciitis is the primary factor in his inability to secure and follow a substantially gainful occupation. Other conditions, such as left knee strain, right lower extremity peripheral neuropathy, lumbosacral strain, right foot hallux valgus, and left foot hallux valgus, also contribute but do not significantly impact his employability.

The Veteran's diabetic neuropathy of the right and left lower extremities is granted with a 40 percent evaluation, effective from September 21, 2021. The Veteran's diabetic neuropathy of the right and left upper extremities are denied.

The Veteran's right and left lower extremity neuropathy disabilities are rated at 20 percent each from May 13, 2002 to July 18, 2022.

Effective dates for service connection and associated disabilities have been granted.,Effective date of June 3, 2011, has been established for the right upper extremity diabetic neuropathy.,Effective date of June 3, 2011, has been established for the left upper extremity diabetic neuropathy.,Effective date of June 3, 2011, has been established for the left lower extremity diabetic neuropathy.

The Board has granted the Veteran's claims for service connection for peripheral neuropathy of both lower extremities, finding that his current condition is at least as likely as not caused by his in-service exposure to herbicide agents.

The Board has remanded several claims, including earlier effective dates and increased ratings for diabetes mellitus with erectile dysfunction, left and right lower extremity diabetic neuropathy, ischemic heart disease, unspecified depressive disorder, TDIU, and DEA benefits. The Veteran's service records indicate possible exposure to herbicides in Thailand, which could support a presumption of exposure.

The Board has remanded the claims for increased ratings for peripheral neuropathy in all four extremities due to inadequate examination findings and failure to consider both objective and subjective evidence.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Veteran's claim for eligibility for PCAFC benefits is being remanded due to inadequate notice and unclear reasoning in the denial. The Board will provide proper notice, clarify the reasons for the denial, and ensure legally adequate reasons and bases are provided.

The Board has remanded the claims for neurological disorder, bilateral lower extremity neuropathy, heart condition, and acquired psychiatric disorder due to duty-to-assist errors. The Veteran's service connection claims are being remanded for further development including VA examinations.

The Board denied the Veteran's request for an effective date prior to July 18, 2023, for his total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Board found that the evidence did not establish an inability to secure or maintain substantially gainful employment throughout the period on appeal.

The Veteran's prostate disability is rated at 60 percent, but no higher. The claims for increased ratings of diabetic peripheral neuropathy in the left and right lower extremities are granted.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating.

The Board denied service connection for left upper extremity, left lower extremity, and right lower extremity peripheral neuropathy due to presumed exposure to herbicide agents during service in Vietnam.

The Veteran's claims for increased ratings for diabetes mellitus, residuals of TIA (stroke), dysarthric dysphagia secondary to stroke, and peripheral neuropathy, bilateral lower extremities have been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Board has denied service connection for gallbladder disease, gastroesophageal reflux disease (GERD), hypertension, peripheral neuropathy, cirrhosis, and kidney disease as secondary to PTSD. The evidence does not support a finding that any of these conditions began during active service or are otherwise related to an in-service injury or disease.