Peripheral neuropathy decisions — 2024

The Veteran's claims for increased ratings and service connection were denied, with the exception of the award of an effective date earlier than April 16, 2019 for the assignment of a 20 percent rating for diabetes mellitus (DM).,All other issues related to service connection or increased ratings have been dismissed due to lack of pending claims.

The Board denied increased disability ratings for service-connected left and right lower extremity neuropathy, finding that the Veteran's symptoms did not warrant a rating higher than 10 percent.

The Veteran's claims for insomnia and headaches have been denied as there is no evidence of a current disability.,For the bilateral plantar fasciitis, meralgia paresthetica (right and left), the Board has found that remand is necessary due to inadequate VA medical opinions.

The Board has remanded the claim due to a duty to assist error regarding psychiatric disorders related to service-connected disabilities. The appellant contends that the Veteran's death was caused by his military service and/or his service-connected conditions.

Service connection for diabetes mellitus, type II is granted.,Service connection for diabetic peripheral neuropathy of the left lower extremity as secondary to diabetes mellitus, type II is granted.,Service connection for diabetic peripheral neuropathy of the right lower extremity as secondary to diabetes mellitus, type II is granted.

The Board has remanded the case due to a failure to obtain an adequate VA medical opinion regarding direct service connection for peripheral neuropathy in both lower extremities. The Veteran's exposure to herbicides during service is presumed, but his disabilities did not manifest within one year of last exposure.

The Veteran's anemia is granted as secondary to service-connected diabetic nephropathy.,Service connection for diabetic nephropathy has been granted with a rating of 80 percent effective November 14, 2022, and 100 percent from July 20, 2023.,The Veteran's diabetes mellitus is rated at 20 percent prior to December 10, 2017, and the claim is denied for higher ratings based on current evidence not meeting criteria for a 40 or 60 percent rating under DC 7913.,Service connection for peripheral neuropathy of both lower extremities has been granted with initial evaluations of 10 percent each.

The Veteran was granted a TDIU from February 2, 2013, to October 10, 2018, due to his service-connected disabilities rendering him incapable of substantial gainful employment.

The Board denied the Veteran's claims for increased ratings for right ear and bilateral hearing loss, finding that the evidence did not support a compensable rating.

The Board remands the claims for further development of evidence, specifically requesting that VA obtain and review records scanned into the Vista Imaging system.

The Board has remanded the case due to an error in not verifying the Veteran's reported exposure to herbicide agents, specifically Agent Orange. The issues of service connection for diabetes mellitus and diabetic peripheral neuropathy are now before the AOJ.

The Board has granted service connection for diabetes mellitus type II (DMII) due to herbicide exposure and neuropathy in the bilateral lower extremities as secondary to DMII, finding that the Veteran was exposed to herbicides during his service within twelve nautical miles of Vietnam.

The Veteran's earlier effective date claims for hypertension, obstructive sleep apnea, diabetes mellitus, diabetic nephropathy, right lower extremity sciatic peripheral neuropathy, and left lower extremity sciatic peripheral neuropathy have been remanded due to the need for further action.,For hypertension, an earlier effective date is denied as it predates the Veteran's initial claim on October 1, 2022.,For obstructive sleep apnea, an earlier effective date is denied as it predates the Veteran's intent to file a claim in May 2016.,For diabetes mellitus, type II, an earlier effective date is denied as it predates the Veteran's initial claim on September 20, 2011.,For diabetic nephropathy, an earlier effective date is denied as it predates December 18, 2017 when entitlement first arose.,For right lower extremity sciatic peripheral neuropathy and left lower extremity sciatic peripheral neuropathy, earlier effective dates are remanded due to the need for further review of the evidence.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 25, 2023. The Board denied the claim for TDIU as there was insufficient evidence to substantiate his unemployability by reason of service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for left and right lower extremity demyelinating peripheral neuropathy due to inadequate examination and opinion regarding the etiology of his condition. The VA is required to obtain a medical examination and opinion addressing whether the Veteran's current diagnoses are related to service or any service-connected conditions.

The Board granted the Veteran's claim for beneficiary travel benefits for ambulance transportation to the Iowa City VAMC on November 15, 2019. The decision was based on the evidence showing that the Veteran had an emergent condition and was transported from his home to a non-VA emergency room and then to the VA Medical Center in Iowa City.

The Veteran's service-connected diabetic neuropathy of the bilateral lower and upper extremities has rendered him unable to secure or follow substantially gainful employment, but the evidence does not support a finding that he is solely unemployable due to one specific condition.

The Veteran's claims for effective dates prior to October 19, 2019 are remanded due to the need for additional development regarding the competency of a VA examiner.,The Veteran's claims for disability ratings in excess of those granted are also remanded due to the need for additional development regarding the competency of a VA examiner.

The Board dismissed the appeals for service connection of cervical spine disability, migraine headaches, right lower extremity neuropathy, and left lower extremity neuropathy due to a withdrawal request by the Veteran's representative.

The Veteran's initial ratings for peripheral neuropathy of the left and right lower extremities have been granted at a 20 percent level. Effective dates prior to November 8, 2011, for service connection are denied.