Peripheral neuropathy decisions — 2024

The Board dismissed the veteran's appeals for service connection for various conditions due to untimely filing of a VA Form 10182.

The Veteran's service connection claims for diabetes mellitus type II, hypothyroidism, and peripheral neuropathies of bilateral lower and upper extremities have been granted. The Board found that the Veteran was exposed to herbicide agents during his service in Korea.,The Veteran's current conditions are at least as likely as not related to his exposure to herbicide agents in service.

The Board denied an evaluation in excess of 30 percent for multiple sclerosis and granted evaluations of 40 percent, 30 percent, and 20 percent for left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy (sciatic) respectively. The Board also denied an evaluation in excess of 20 percent for voiding dysfunction and loss of bowel control.

The Veteran's headaches were not found to warrant a compensable rating prior to July 1, 2021, and in excess of 30 percent thereafter. Service connection was granted for allergies other than service-connected allergic rhinitis.,Bilateral foot neuropathy is remanded due to the need for additional development regarding exposure to jet fuel.

The Board has granted service connection for left and right lower extremity diabetic peripheral neuropathy. The rating for bilateral hearing loss in excess of 10 percent is denied.

The Board denied reinstatement of the Veteran's pension benefits, finding that new and relevant evidence was not submitted to readjudicate the issue. The Veteran's income exceeded the applicable maximum annual pension rates (MAPRs), leading to termination of his pension benefits effective March 2013.

The Veteran's service connection claims for various conditions are remanded due to the need for additional development regarding in-service exposure and continuity of symptoms.

The Board has denied a rating in excess of 40 percent for the Veteran's post traumatic neuroma of radial nerve branch with median nerve neuropathy, right upper extremity. The case is remanded to determine if service connection should be granted for left carpal tunnel syndrome.

The Board denied service connection for hyperlipidemia and erectile dysfunction, but remanded claims for type 2 diabetes mellitus, diabetic peripheral neuropathy of the right lower extremity, obstructive sleep apnea, and migraine.

The Veteran's appeal for an increased rating for a right ankle scar was denied. The Veteran's appeal for service connection for migraine headaches was dismissed due to his withdrawal of the appeal.,Service connection for high cholesterol was denied as it is not a disability for which VA compensation can be granted.

The Veteran's claims for service connection for Parkinson's disease and/or Parkinsonism as due to herbicide exposure, and for increased ratings for peripheral neuropathy of the left and right lower extremities associated with diabetes mellitus are being remanded due to ongoing uncertainty regarding his diagnoses and need for further evaluations.

The Board denied a higher disability rating for the Veteran's right foot neuropathy, finding that her condition does not meet or approximate the criteria for a higher rating.

The Board has granted a 20 percent rating for diabetic peripheral neuropathy of the right and left lower extremities, effective from September 29, 2022. The Veteran's condition was previously rated at 10 percent prior to that date.

The Veteran's claim for an effective date prior to April 4, 2011, for the award of service connection for HIV/AIDS was denied.,The Veteran's claim for an effective date prior to April 4, 2011, for the award of secondary service connection for peripheral neuropathy of the right and left foot, right and left upper extremities, and eczema, as secondary to service-connected HIV/AIDS was denied.,The Veteran's claim for an initial rating in excess of 10 percent for HIV/AIDS was denied.,The Veteran's claim for an initial compensable rating for eczema was denied.

The Board dismissed the appeals of duty to assist errors for diabetes mellitus, type II, left ear infections, bilateral upper and lower extremity peripheral neuropathy, and tinnitus as they were not final decisions.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and a psychiatric disorder. The evidence supports the conclusion that these conditions are related to the Veteran's military service.,The VA examiner found no nexus between the claimed low back condition and service, while the private examiner concluded that the Veteran's physical job duties during service likely caused his back condition.

The Board has granted earlier effective dates of March 30, 2021, for the evaluations of left lower extremity diabetic peripheral neuropathy, right lower extremity diabetic peripheral neuropathy, left lower femoral nerve, left upper extremity diabetic peripheral neuropathy (non-dominant), and right lower femoral nerve.

The Board has dismissed the Veteran's appeals for service connection of bilateral upper and lower extremity peripheral neuropathy due to his withdrawal of the appeal.