Peripheral neuropathy decisions — 2024

The Board denied the Veteran's claim for an effective date prior to April 19, 2021, for a total disability evaluation due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to secure and follow substantially gainful employment solely due to service-connected disabilities before this date.

The Veteran's PTSD is rated at the maximum schedular rating of 30 percent, and a higher rating is denied.,Tinnitus is currently rated at the maximum schedular rating of 10 percent, and a higher rating is denied.,Left knee GSW scars are not compensable as they do not meet the criteria for a compensable rating.,Right elbow GSW with traumatic arthritis and ulnar neuropathy warrants remand due to insufficient evidence on its current rating of 30 percent.,Right ear hearing loss is currently rated at the maximum schedular rating of 10 percent, and a higher rating is denied.

The Board has remanded the Veteran's claims for bilateral hands, left lower extremity neuropathy condition, and headaches condition as secondary to his service-connected lumbar spine disability due to incomplete VA examinations.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus (DM), and bilateral lower extremity peripheral neuropathy, precluded him from securing or following a substantially gainful occupation. The Board granted TDIU based on the evidence showing his inability to work due to these conditions.

The Veteran's claims for an effective date prior to April 22, 2021, for a 20 percent rating for segmental dysfunction of thoracolumbar region and service connection for radiculopathy of the bilateral lower extremities have been denied as there is no evidence showing symptoms that meet or approximate the criteria for a 20 percent rating prior to April 22, 2021.

The Veteran's claim for bilateral upper and lower extremity peripheral neuropathy was granted with effective dates of August 18, 2017 (for the right upper extremity), August 18, 2017 (for the left upper extremity), August 18, 2017 (for the right lower extremity), and August 18, 2017 (for the left lower extremity). The disability rating for dizziness was restored to 30 percent effective March 11, 2021.,The Veteran's claim for a higher disability rating for his service-connected dizziness was denied in May 2021. He is seeking restoration of the 30 percent disability rating.

The Board has granted service connection for diabetes mellitus, hypertension, erectile dysfunction secondary to DM, right and left lower extremity diabetic peripheral neuropathy, and chronic kidney disease on a presumptive basis due to exposure to herbicide agents in Guam under the PACT Act.

The Veteran's service-connected ischemic heart disease was granted an effective date of September 30, 2020.,Effective September 30, 2020, the Veteran is now in receipt of a 100% evaluation for his service-connected ischemic heart disease.

The Veteran's service connection for nasopharyngeal carcinoma (NPC) is granted. The Board also remanded several secondary service connection claims as they are inextricably intertwined with the grant of service connection for NPC.

The Board has determined that the Veteran's claims for service connection for left and right lower extremity disabilities, including radiculopathy and peripheral neuropathy, require additional examination to address duty-to-assist errors.

The Board has granted earlier effective dates of January 7, 2020, for the right arm neuropathy associated with squamous cell cancer and for basic eligibility for Dependents' Educational Assistance (DEA). The Veteran's service-connected disabilities are permanent and reasonably certain to continue throughout his lifetime.

The Veteran's disability ratings for peripheral neuropathy of the left and right lower extremities were reduced from 20 to 10 percent. The Board found that the reduction was not factually supported due to inadequate medical evidence, and restored the original 20 percent rating.

The Board has dismissed the Veteran's appeals regarding increased ratings for various conditions, including diabetes mellitus, peripheral neuropathy, and coronary artery disease. The appeal was withdrawn by the appellant's authorized representative prior to a decision being made.

The Veteran's service-connected ischemic heart disease was granted an effective date of September 30, 2020.,Effective September 30, 2020, the Veteran is now in receipt of a 100% evaluation for his service-connected ischemic heart disease.

The Veteran's claims for earlier effective dates and increased ratings were denied. The appeal as to entitlement to a TDIU from January 26, 2017 is dismissed as moot.

The Veteran's claims for service connection for left and right lower extremity neuropathy have been dismissed due to the death of the Veteran during the appeal process.

The Board has denied the Veteran's claims for presumptive service connection for neuropathy of the left and right lower extremities, as well as remanded the issue regarding an effective date prior to February 16, 2004 for the award of service connection for coronary artery disease.

The Board denied the Veteran's claims for TDIU prior to August 28, 2013 and from August 28, 2013 and prior to November 26, 2019. The evidence did not meet the criteria for a schedular or extraschedular TDIU.

The Board has granted earlier effective dates for service connection of chronic kidney disease and peripheral neuropathy in the Veteran's case, but has remanded the cases for further development regarding earlier effective dates for other conditions.

The Veteran's claim for service connection for leukemia was granted effective August 10, 2022. The initial compensable disability rating for leukemia is denied.,Service connection for type 2 diabetes mellitus and bilateral upper and lower extremity peripheral neuropathy due to diabetes mellitus are both granted.