Peripheral neuropathy decisions — 2024

The Veteran's service-connected disabilities, including above the right knee amputation and diabetic peripheral neuropathies of both lower extremities, render him in need of regular aid and attendance due to his inability to perform daily activities without assistance. The Board has granted SMC at the R-1 rate.

The Board has determined that there was a duty to assist error and remands the case for further development, including obtaining an adequate opinion regarding whether the Veteran's right ulnar neuropathy, to include medial epicondylitis, is caused or aggravated by his service-connected degenerative disc disease with L5-S1 herniation.

The Board has remanded the Veteran's claims for service connection due to missing or illegible service medical records from his active duty and Reserve/Reserve Component (RC) service. The AOJ is required to verify all periods of active duty, including ACDUTRA and INACDUTRA, and obtain any missing service medical records.

The Veteran's claims for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as well as cervical spinal stenosis have been granted. The claim of service connection for hypertension (HTN) has also been granted as secondary to service-connected PTSD.,The Veteran's claims for obstructive sleep apnea (OSA) and right shoulder disability have also been granted as secondary to service-connected PTSD.

The Veteran's right lower extremity neuropathy is rated as noncompensable under Diagnostic Code 8530, and the Board finds that a compensable rating is not warranted at any point during the appeal period.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's claims for service connection were denied in December 2018, and the effective date of his subsequent successful claims was set at April 3, 2020. The Board found that the claim to reopen was not timely filed within one year of the denial.

The Board has dismissed the appeals for service connection of an acquired psychiatric disorder and bilateral foot neuropathy as the Veteran's legacy appeals are still pending.

The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors. The Veteran is seeking service connection for left and right lower extremity peripheral neuropathy, as well as ischemic heart disease/congestive heart failure (heart disability).

The Board has granted a TDIU effective February 10, 2021, based on the Veteran's service-connected diabetic peripheral neuropathy of the right and left feet.

The Board has granted service connection for peripheral neuropathy of the right and left upper extremities, finding that the Veteran's symptoms are related to his military service.

The Veteran's bilateral lower extremity peripheral neuropathy is currently rated at 10 percent, but the Board has granted separate initial evaluations of 20 percent for each leg.

The Board has dismissed the appeals for service connection for various conditions due to the Veteran's death during the appeal process.

The Veteran's claims for service connection for various conditions, including chronic fatigue syndrome, peripheral neuropathy of the upper extremities, and hand/knee disabilities have been denied as there is no current diagnosis or functional impairment supporting these claims.

The Veteran withdrew his appeals for left lower extremity peripheral neuropathy and an evaluation in excess of 50 percent for his service-connected mental health disorder. The appeals are therefore dismissed.

The Veteran's appeal for lumbar radiculopathy, claimed as bilateral neuropathy of the lower limbs, has been dismissed. The appeals for left and right arm conditions are remanded.

The Veteran's claims for service connection for diabetes mellitus, type II; peripheral neuropathy of the bilateral upper and lower extremities; vision disability (diabetic retinopathy); Parkinson's disease; and hypothyroidism have been granted due to presumed exposure to herbicide agents during his service in Vietnam.

An earlier effective date of August 31, 2018 for a 20 percent disability rating for diabetes mellitus type II is granted.,An earlier effective date of November 1, 2021 for a 30 percent disability rating for atrial fibrillation is denied. The criteria were not met prior to this date.

The Veteran's appeal for various issues related to PTSD, erectile dysfunction, SMC based on loss of use of a creative organ, peripheral neuropathy, and TDIU has been dismissed due to the Veteran's withdrawal of his appeals.

The Veteran's service-connected diabetes mellitus and left below-the-knee amputation rendered him in need of regular aid and attendance, which is the basis for SMC. The Board granted this benefit.