Peripheral neuropathy decisions — 2024

The Veteran's PTSD, left and right lower extremity diabetic neuropathy (sciatic nerve) are granted with ratings of 50% for the period on appeal.

The Board denied the Veteran's claim for a TDIU effective date prior to September 20, 2017, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's right knee disability is granted a separate 10 percent rating for instability from December 31, 2008 to February 6, 2021 and a 20 percent rating thereafter.,Effective May 1, 2011, the Veteran is granted service connection for a painful scar of the right knee following his right knee surgery in 2011.,Effective May 1, 2011, the Veteran is also granted service connection for right lower extremity neuropathy involving the sciatic nerve and anterior crural and internal saphenous nerves following his right knee surgery in 2011.,The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disability secondary to a right knee disability.

The Veteran's claim for an earlier effective date for a 100 percent rating for bipolar disorder was denied as the increase in disability did not occur prior to February 5, 2019.,The Veteran's claim for an earlier effective date for SMC based on housebound status was also denied as she was not found to be housebound in fact due to service-connected disabilities prior to March 20, 2019.

The Veteran's total disability based on individual unemployability (TDIU) is granted due to his service-connected diabetes and diabetic peripheral neuropathy, which prevent him from securing or following any substantially gainful employment.

The Veteran's Raynaud's syndrome is related to herbicide exposure during active-duty service.,There is no persuasive evidence that the Veteran's left lower extremity peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,Similarly, there is no persuasive evidence that the Veteran's right lower extremity peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,There is also no persuasive evidence that the Veteran's left upper extremity peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,Similarly, there is no persuasive evidence that the Veteran's right upper extremity peripheral neuropathy began during active service or is otherwise related to an in-service injury or disease.,The Veteran has a current diagnosis of hypertension and it is now presumed associated with presumed exposure to herbicide agents under the PACT Act.

The Veteran's tension headaches have been rated at the maximum schedular rating of 50 percent, which is the highest possible rating under Diagnostic Code 8100.,Service connection has been granted for both left and right knee conditions. Both knees are currently assigned a 100 percent rating.

The Board has found that further development is necessary for the claims of service connection for bilateral upper extremity conditions, as they are inextricably intertwined with the issue of service connection for bilateral cubital tunnel syndrome. The claims will be remanded to obtain a new VA medical opinion regarding the etiology and relationship of the Veteran's bilateral cubital tunnel syndrome to his service-connected cervical spine disability.

An effective date of January 7, 2021, is granted for the assignment of a 70 percent rating for PTSD.,Effective dates earlier than June 3, 2021, are denied for all other disabilities on appeal.

The Board has granted an effective date of May 13, 2020 for the grant of a 20 percent disability rating for RLE PVD. The appellant's DPN was found to have progressed to include the femoral nerves in both lower extremities as of August 15, 2020.,The Board denied entitlement to an effective date prior to August 15, 2020 for service connection of bilateral lower extremity DPN, femoral nerve and sciatic nerve. The appellant's DPN was found not to have progressed to include the femoral nerves in both lower extremities until August 15, 2020.

The Veteran's claims of increased ratings for left and right lower extremity diabetic neuropathy are remanded due to a duty to assist error. The Board will schedule the Veteran for a VA examination to determine the current severity of his diabetic neuropathy.

The Veteran's ratings for peripheral neuropathy of the bilateral upper extremities and cervical spine disability were restored to their previous levels, effective March 29, 2021.

The Board has found that there are potentially outstanding VA and/or private treatment records prior to October 17, 2018, which may be relevant as to the date entitlement arose. The Veteran is being asked to provide authorization for these records.

The Veteran's bilateral feet have lost all effective function due to service-connected diabetic peripheral neuropathy, and he requires regular aid and attendance of another due to multiple service-connected disabilities. His claim for SMC is granted.

The Veteran's appeal for an increased disability rating higher than 10% for tinnitus was denied as the maximum schedular rating is already assigned.,The Veteran's appeal for an increased disability rating higher than 20% for prostate cancer residuals prior to May 7, 2024 was denied. A 40% rating from that date forward was granted.,The Veteran's appeals for increased disability ratings for DM II with erectile dysfunction and postoperative cataracts, as well as right lower extremity diabetic peripheral neuropathy affecting the sciatic and femoral nerves were not addressed in this decision.,The appeal for left lower extremity diabetic peripheral neuropathy disabilities was remanded.

The Veteran's service-connected disabilities do not meet the criteria for an allowance for automobile or other conveyance and adaptive equipment, as they do not result in physical loss of use of hands or feet, permanent impairment of vision, severe burn injury, or ALS.

The Board has determined that there were pre-decisional duty to assist errors and the claims are remanded for further development.

The Board has determined that the Veteran's peripheral neuropathy of the lower extremities does not warrant an evaluation in excess of 10 percent, as it is currently manifested by mild incomplete paralysis.

Service connection for OSA is granted, while service connection for right hand and left hand carpal tunnel syndrome, as well as lower and upper extremity peripheral neuropathy are denied.

The Board has granted service connection for hypertension, but has remanded the issues of service connection for right lower extremity, left lower extremity, left upper extremity, and right upper extremity peripheral neuropathy due to toxic herbicide exposure.