Peripheral neuropathy decisions — 2024

The Board has restored the Veteran's 100 percent disability rating for residuals of L1 burst fracture, finding that there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has remanded the Veteran's claims for service connection due to muscle twitching or peripheral neuropathy of the thighs and a neck condition. The claims are being returned for further development, including obtaining additional VA treatment records and private medical records, scheduling appropriate examinations, and providing an addendum opinion regarding the nature and etiology of the claimed conditions.

The Veteran's claim of service connection for a low back disorder is reopened and granted. The claims for residuals of TBI, bilateral eye disorder, lumbar spine disorder, bilateral hip disorder, bilateral knee disorder, and bilateral foot disorder are denied. Service connection for bilateral upper and lower extremity peripheral neuropathy, bilateral shoulder disorder, MDD, and hypertension are also denied.

The Board has remanded the service connection claims for diabetes mellitus, skin disorder, CAD, bilateral upper and lower extremity peripheral neuropathy due to potential herbicide exposure during a Saturday work detail cleaning aircraft. The PACT Act requires a VA examination and opinion regarding garrison exposure to petroleum-based products.

The Veteran's SMC at the housebound rate is granted from May 1, 2011 to August 12, 2022 due to having a single service-connected disability rated as 100 percent and other disabilities independently ratable at 60 percent.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions did not preclude him from obtaining and maintaining gainful employment.

The Veteran's claims for service connection for right upper, left upper, right lower, and left lower extremity neuropathy are remanded due to insufficient evidence regarding the etiology of these conditions. The VA is instructed to obtain any outstanding records and schedule the Veteran for a VA examination to determine if his neuropathies may be related to his in-service herbicide exposure.

The Veteran is entitled to a TDIU effective December 15, 2016, on a schedular basis due to his service-connected disabilities preventing him from securing or following substantially gainful employment. The extraschedular TDIU claim between April 1, 2016, and December 15, 2016, is remanded for further review.

The Board has reopened the Veteran's claims for diabetes mellitus, type II, diabetic retinopathy, and hypertension due to new evidence received since the March 2014 rating decision. The claims are now remanded for further development.

The Board has remanded the case due to an inadequate etiology opinion and the need for further development regarding herbicide agent exposure as a potential cause of the Veteran's bilateral lower extremity peripheral neuropathy.

The Veteran's incontinence is rated at 20 percent, effective February 3, 2006. SMC at the intermediate rate between (l) and (m) is granted due to need for regular aid and attendance based on service-connected congestive heart failure. SMC at the (o) rate is granted due to blindness in both eyes with additional independent disabilities rated as 100 percent disabling.

The Veteran's claim for service connection of a bladder/urinary disorder has been reopened and is granted.,Effective dates have not been assigned for the earlier effective date claims.

The Veteran's diabetes mellitus, type II, is presumed to be service connected due to herbicide exposure. Secondary service connection for peripheral neuropathy of the bilateral upper and lower extremities is also granted as these conditions are proximately due to his diabetes.

The Board has granted the Veteran's claim for a total disability rating based upon unemployability due to service-connected disabilities, with the effective date being September 24, 2013.

The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant due to her lack of blindness, loss or use of both hands, severe burn injury, and an inhalation injury resulting in total disability.

The Board denied the Veteran's claim for a total disability rating for individual unemployability due to service-connected disabilities, finding that his combined ratings did not meet the schedular requirements and that there was no evidence of an inability to perform sedentary employment due to service-connected disabilities.

The Board has granted service connection for bilateral pes planus and remanded the issues of left lower extremity peripheral neuropathy, bilateral feet degenerative arthritis, and right foot calcaneal spurring.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities due to concerns raised by the Joint Motion for Partial Remand (JMPR-2). The referral of the claim of service connection for amputation of the left leg is also addressed. A new VA examination is required to assess the severity of the Veteran's peripheral neuropathy.

The Veteran's right and left lower extremity diabetic peripheral neuropathy have been granted initial evaluations of 40 percent each throughout the entire appeal period.,The Veteran's thrombosis and cerebral arteriosclerosis (claimed as stroke and transient ischemic attack) associated with diabetes mellitus, type II, has been granted an initial temporary 100 percent rating for six months.

The Veteran's right and left upper extremity diabetic peripheral neuropathy have been rated improperly, and the ratings are restored.,The Veteran's bilateral lower extremity diabetic peripheral neuropathy has been rated appropriately.