Peripheral neuropathy decisions — 2024

The Board has decided that the Veteran's claim of service connection for peripheral neuropathy should be remanded due to a duty to assist error and the need for additional notice regarding the right to a pre-decisional hearing.

The Veteran's service-connected disabilities alone do not render him unable to secure and follow substantially gainful employment, as he is capable of at least sedentary work.

The Board has determined that the Veteran did not have a stroke at any time during or approximate to the pendency of the claim. The issues of service connection for left lower extremity neuropathy, left upper extremity neuropathy, right lower extremity neuropathy, and right upper extremity neuropathy (dominant) are remanded due to inadequate medical opinion in the October 2021 VA examination.

The Veteran's service connection for hypertension is granted. The initial rating for diabetes was increased to 40 percent effective July 1, 2021, and the earlier effective date claim for TDIU is remanded.

The Veteran's claim for an increased rating for his service-connected right forearm disability was denied. The Board found that the evidence did not support a higher rating under Diagnostic Code 5212, and thus denied the claim. The claims for service connection of the right hip condition and right upper extremity neuropathy were remanded due to inadequate VA examination.

The Board has remanded the claim of service connection for right hand strain and neuropathy due to conflicting medical opinions regarding the relationship between current disabilities and in-service injuries. The Veteran's lay reports of symptom onset are considered, but a VA examination is required to address these issues.

The Board has denied service connection for left lower extremity diabetic neuropathy and right lower extremity diabetic neuropathy, finding no current diagnosis of these conditions. Service connection for renal insufficiency is remanded due to inadequate opinion regarding aggravation by service-connected coronary artery disease.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Veteran's diabetes is rated at 20 percent, and the issues of right upper extremity, left upper extremity, right lower extremity, and left lower extremity diabetic peripheral neuropathy are all rated at 20 percent. The rating for residuals of cerebrovascular accident (CVA) is also rated at 20 percent prior to May 17, 2017.

The Veteran's claims for service connection for bilateral upper and lower extremity peripheral neuropathy are remanded due to the need for a VA medical opinion under the PACT Act.

The Veteran's service-connected left foot neuropathy posterior tibial nerve disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted due to symptoms being primarily mild.,Both of the Veteran's hip disabilities are currently rated at 10 percent under Diagnostic Code 5252. The Board denies entitlement to an initial rating in excess of 10 percent for both right and left hip disabilities.

The Veteran's claim for increased ratings for diabetic peripheral neuropathy of the lower extremities has been denied as his conditions do not warrant a rating in excess of 10 percent.

The Veteran's appeals for increased ratings and service connection for various conditions related to diabetes mellitus type II, congestive heart failure, diabetic neuropathy, kidney function, and eye problems have been dismissed. The appeal for head injury (claimed as traumatic brain injury) is remanded.

The Veteran's LLE peripheral neuropathy of the sciatic nerve is granted with a 40 percent rating from December 22, 2014 to May 4, 2022. Other conditions are also rated and remanded for further review.

The Board has granted service connection for hypothyroidism, diabetes mellitus with diabetic retinopathy, and diabetic neuropathy of the lower extremities and right upper extremity. However, an earlier effective date is denied.

The Veteran's initial claim for an increased rating for intervertebral disc syndrome with degenerative arthritis was denied, and the effective date of service connection remains February 15, 2016.,Initial ratings of 40 percent were granted for left lower extremity radiculopathy with peripheral neuropathy and right lower extremity radiculopathy with peripheral neuropathy. The effective dates remain February 15, 2016.

The Board denied service connection for diabetes mellitus, hypertension, and peripheral neuropathy of the lower extremities as there was no evidence linking these conditions to service.,Service connection is not granted because the Veteran did not have a chronic condition during or within one year after service that could be presumed due to exposure. The conditions were first diagnosed decades after separation.

The Veteran's claim for service connection for upper extremity neuropathy, left claimed as bilateral upper extremity radiculopathy is dismissed because he is already service connected for the condition.

The Veteran's service-connected diabetes mellitus type 2 and related diabetic neuropathy have rendered him unable to obtain or maintain substantially gainful employment, consistent with his education and occupational experience. The Board has granted a TDIU based on the physical limitations caused by these conditions.

The Veteran's claims for earlier effective dates for service connection, TDIU, and DEA benefits are denied.,The Veteran is not entitled to a TDIU prior to October 9, 2017, as his combined disability rating was already at 100% on that date.,The Veteran's eligibility for Dependents' Educational Assistance (DEA) benefits is also denied due to the effective date being set at October 9, 2017.