Peripheral neuropathy decisions — 2024

The Veteran's service connection claims for diabetes, diabetic retinopathy, hypertension, and erectile dysfunction have been granted with effective dates of January 5, 2022. The Board found that the Veteran was exposed to herbicide agents in Thailand during his service, which is presumed for these conditions under the PACT Act.

The Veteran's claims for service connection are being remanded due to inadequate medical opinions and duty-to-assist errors.,Specifically, the VA examiners did not provide sufficient rationale for their conclusions regarding the nature and etiology of the claimed conditions.

The Board denied service connection for various conditions, including low back disability, bilateral hearing loss, left thumb disability, heart condition, hypertension, right and left knee disabilities, peripheral neuropathies in the upper and lower extremities, migraine headaches, and psychiatric disorder. The decision found that there was no evidence of continuity of symptoms or a nexus to service.

The Board denied service connection for ulnar neuropathy of the right and left upper extremities as there is no current diagnosis of this condition.

The Board has remanded the claims for an acquired psychiatric disorder, erectile dysfunction, and heart disability due to a lack of VA examinations.

The Board has remanded the issues of ratings in excess of 20 percent for various diabetic and nerve conditions, as well as the issue of entitlement to a TDIU.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

The Veteran's bilateral anterior compartment syndrome disabilities have been granted a rating of 20 percent each, effective October 29, 2020.,Both legs are rated under Diagnostic Code 5311-8522.

Service connection for allergic rhinitis is granted due to presumed exposure to burn pits. Service connection for right and left ear hearing loss, chronic fatigue syndrome, irritable bowel syndrome, bilateral upper extremity neuropathy, bilateral carpal tunnel syndrome, skin rash (claimed as a skin disorder), bilateral hand disorder, bilateral hip disorder, bilateral leg disorder, neck disorder (cervicalgia), chronic pain disorder, upper respiratory infection, and bronchitis is denied due to lack of evidence of current disability or service connection.

The Board has denied service connection for a bilateral ankle disability and remanded the issue of service connection for foot numbness (neuropathy). The Veteran's current disabilities are not established, and further examination is needed to determine if his conditions are related to service.

The Veteran's service-connected disabilities, including her acquired psychiatric disorder and back pain, rendered her unable to obtain or maintain gainful employment as of October 25, 2016. As a result, the Board granted an earlier effective date for TDIU and established eligibility for DEA benefits under 38 U.S.C. Chapter 35 on that same date.

Your appeal for service connection for toxin exposure health issues, including neuropathy, has been dismissed because there was no decision by the AOJ to appeal.

The appeal for service connection of peripheral neuropathy to include upper extremities is dismissed as there was no new and relevant evidence received within the applicable timeframe. The claims for increased ratings related to knee conditions and IVDS are remanded.

The Veteran's service-connected conditions, including PTSD and HIV/AIDS, have rendered him unable to secure or follow a substantially gainful occupation since February 15, 2019.

The Veteran's claim for SMC based on loss of use of the left hand is dismissed as it has already been granted. The Board finds that he meets the criteria for SMC by reason of need for regular aid and attendance due to his service-connected disabilities, including loss of use of the left hand. However, he does not meet the criteria for SMC based on housebound status.

The Board has identified several pre-decisional duty to assist errors and remands the claims for hypothyroidism, lower extremity peripheral neuropathy, TDIU, SMC, and DEA. The issues of increased ratings for lower extremity neuropathies are being addressed in conjunction with the hypothyroidism claim.

The Board denied eligibility for attorney fees based on past-due benefits awarded in the August 2022 rating decision, as there was no qualifying review request on that decision. The appellant's argument regarding a supplemental claim for TDIU is not considered valid.

The Veteran's left lower extremity neuropathy, specifically the ilio-inguinal nerve, is rated at a 10 percent disability level. This decision grants this rating and no higher.

The Board has remanded the claims of service connection for diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy due to a duty to assist error. The Veteran's obesity is an intermediate step between his current diabetes mellitus and his service-connected lumbar strain with degenerative arthritis and intervertebral disc syndrome.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment, as he is capable of functioning in a sedentary work environment.