Peripheral neuropathy decisions — 2024

The Veteran withdrew his appeal, resulting in the dismissal of his claim for an initial compensable disability rating for meralgia parasthetica left lower extremity (claimed as peripheral neuropathy left lower extremity).

The Board denied a rating in excess of 20 percent for the Veteran's right and left lower extremity diabetic peripheral neuropathy, finding that the evidence showed moderate incomplete paralysis.

The Veteran's service connection claims for stage IV colon cancer, lung cancer, peripheral neuropathy of the upper and lower extremities, and abdominal scar have been granted with effective dates of September 8, 2021.,An earlier effective date of December 22, 2021 has also been granted for service connection for lung cancer.

The Veteran's claims for ischemic heart disease, hypoparathyroidism, diabetes mellitus type 2, peripheral neuropathies of the upper and lower extremities, atrial fibrillation, and chloracne scar are all denied as there is no credible evidence of herbicide exposure in service.

The Veteran's service-connected disabilities do not render him permanently bedridden or unable to care for his daily needs without requiring the regular aid and attendance of another person. He is not substantially confined to his house due to service-connected disabilities, nor does he have a single service-connected disability ratable at 100 percent along with other unrelated disabilities that combine to at least 60 percent.

The Veteran's left and right lower extremity peripheral neuropathy are rated at 20 percent each, but no higher, throughout the appeal period.

The Veteran's service connection for peripheral neuropathy of the left and right upper extremities is granted.,Service connection for peripheral neuropathy of the left and right lower extremities was restored due to a clear and unmistakable error (CUE).

The Veteran's service-connected disabilities, including diabetic Charcot right foot and bilateral lower extremity peripheral neuropathy, led to the need for aid and attendance on July 31, 2015. The Board granted an effective date of July 31, 2015 for SMC based on aid and attendance.

The Board denied the Veteran's claims for earlier effective dates for service connection and compensation benefits due to a lack of proper intent-to-file submissions, resulting in an effective date of July 26, 2021.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral lower extremity neuropathy, bilateral foot disability, left knee and hip disabilities, right shoulder disability, IBS, and headaches. The reasons provided include lack of evidence showing a nexus between these conditions and service.

The Veteran is granted SMC based on the need for regular aid and attendance due to his service-connected peripheral neuropathy of all four extremities and depressive disorder with neurocognitive disorder. The higher SMC rate pursuant to 38 U.S.C. § 1114(r) remains pending as its application is unclear.

The Board has remanded the Veteran's claims for further development due to pre-decisional duty to assist errors. The AOJ will consider any additional evidence and reevaluate the service connection claims.

The Veteran's TDIU claim is denied because he is already receiving a combined 100% disability rating for his service-connected conditions, which renders the TDIU moot.

The Board denied earlier effective dates for TDIU and DEA, finding that the Veteran's unemployability due to service-connected disabilities did not arise within one year prior to his December 30, 2009, informal claim.

The Board has denied the Veteran's claims for service connection for various conditions, including a right-hand condition, right leg shin splints, left leg shin splints, sleep disorder (including sleep apnea), and residuals of traumatic brain injury. The evidence does not support these claims.

The Veteran's service-connected disabilities, including posttraumatic stress disorder and various peripheral neuropathies, have rendered him in need of regular aid and attendance. The Board has granted an effective date of September 20, 2019, for the award of SMC based on A&A.

The Veteran's service connection claims for diabetes mellitus and right upper extremity peripheral neuropathy are granted. Service connection for PTSD is denied, with the claim for right upper extremity peripheral neuropathy being remanded.

The Veteran's service-connected disabilities, including Parkinson's disease and peripheral neuropathy of the lower extremities, have resulted in a severe degree of functional impairment such that he meets the criteria for loss of use of his feet. As a result, he is eligible for financial assistance in purchasing an automobile or adaptive equipment.

The Veteran is granted service connection for left lower extremity radiculopathy, sciatic and femoral, effective September 8, 2014.

The Board dismissed the appeals for earlier effective dates as they were untimely filed more than one year after the July 2021 rating decision.