Peripheral neuropathy decisions — 2024

The Veteran's claims for service connection for diabetes mellitus type II and peripheral neuropathy are being remanded due to the need for VA examinations and medical opinions regarding potential exposure to toxic substances during his military service.

The Veteran requested to withdraw his appeal for special monthly compensation (SMC) based on the need for regular aid and attendance. The Board dismissed this appeal as per the Veteran's request.

The Veteran's bilateral lower extremity neuropathy is granted as secondary to his service-connected chronic lumbar strain.

The Board denied service connection for prostate cancer, hypertension, type II diabetes mellitus, and diabetic neuropathy of the upper and lower extremities due to lack of evidence linking these conditions to active service.

The Veteran's claims for hypercholesterolemia and multiple myeloma have been denied as there is no evidence of a current disability.,For the remaining conditions, the Board has remanded the cases due to incomplete records and the need for additional examinations.

The Board has remanded the claims for service connection for various musculoskeletal and neurological disorders due to the need for additional medical examinations.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination by a neurologist. The Veteran's service connection claim for bilateral upper and lower peripheral neuropathy, to include CIDP and carpal tunnel syndrome, is being reviewed.

The Board has remanded the case due to a failure to obtain private treatment records and to address when the Veteran's symptoms of bilateral upper extremity peripheral neuropathy first manifested.

The Veteran's service-connected disabilities do not cause the need for regular aid and attendance (A&A). The Board finds that SMC is not warranted.

The Board has granted service connection for the Veteran's peripheral neuropathy of bilateral upper and lower extremities on a direct basis due to exposure to Agent Orange during active service.

The Board denied earlier effective dates for service connection of various diabetic peripheral neuropathies and coronary artery disease, finding that the Veteran did not file a claim until July 18, 2018.

The Board has remanded the claims for service connection due to toxic exposure, including PACT Act and Camp Lejeune exposures. The Veteran's in-service toxic exposure is not conceded but raised by his testimony and historical records. Further development is needed to address the Veteran's lay statements regarding toxic exposure.

The Board has remanded several service connection claims for further development, including those for pes planus, left wrist cyst disability, gastrointestinal disability (separate from chronic constipation), cardiovascular disability, hypertension, obstructive sleep apnea (OSA), fatigue disability, headache disability, left knee disability, back disability, right shoulder disability, left shoulder disability, and right wrist disability. The gastrointestinal claim was expanded to include any gastrointestinal disability separate from the already service-connected chronic constipation.

The Veteran's claim for service connection and compensation for right eye disability, including under 38 USC § 1151 and as due to a toxic exposure related activity (TERA), is being remanded due to the receipt of new and relevant evidence. The AOJ must obtain all outstanding VA and private treatment records, prepare a TERA memorandum and ILER report, and provide a VA examination to determine the nature and etiology of the claimed right eye disability.

The Veteran's claim for increased ratings for diabetic peripheral neuropathy of the bilateral upper extremities was denied as his condition is consistent with a 40 percent rating for his right upper extremity and a 30 percent rating for his left upper extremity, both effective June 2, 2020.

The Veteran's claim for service connection for rhinitis is granted, while the claims for sinusitis, myopia, cervical spine disability with arthritis, erectile dysfunction, left ankle sprain and Achilles tendon disability, left shoulder sprain, right shoulder sprain, pulled groin, left knee strain, right knee strain, bilateral plantar fasciitis, right ankle sprain and Achilles tendon disability, left carpal tunnel disability, right carpal tunnel disability, left upper extremity peripheral neuropathy (claimed as nerve damage), right upper extremity peripheral neuropathy (claimed as nerve damage), left lower extremity peripheral neuropathy (claimed as nerve damage), and right lower extremity peripheral neuropathy (claimed as nerve damage) are denied. The Veteran's claim for service connection for pseudofolliculitis barbae is also denied.

The Board has remanded the claims for further development due to inconsistencies in the Veteran's reported dates of service and exposure, as well as deficiencies in the VA's research efforts. The claims will be reconsidered with additional evidence.

The Veteran's claims for service connection for coronary artery disease, diabetes mellitus, diabetic neuropathy of the bilateral lower extremities, diabetic retinopathy, and hypertension due to herbicide agent exposure in Guam have been granted. The effective date is not specified as it pertains to a presumption under the PACT Act.

The Board has remanded the claims for service connection for right and left lower extremity peripheral neuropathy due to pre-decisional duty to assist error. A new VA examination is required to determine if these conditions constitute an undiagnosed illness or a medically unexplained chronic multisymptom illness related to the Veteran's Persian Gulf service.