Peripheral neuropathy decisions — 2024

The Veteran withdrew his appeal regarding the service connection for bilateral lower extremity peripheral neuropathy.

The Board has identified due process errors and is remanding the issues of the propriety of reductions in the Veteran's right and left lower extremity diabetic peripheral neuropathy ratings, as well as the issue of an earlier effective date for Total Disability Rating based on Individual Unemployability (TDIU) prior to August 13, 2021.

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

The Board denied all service connection claims and the increased rating claim for myositis of the lumbar spine, finding that the Veteran's disability did not meet or approximate the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's service connection claim for a right hand disorder is being remanded due to the need for another VA examination to address the nature and etiology of his condition, which requires consideration of his military service.

The Board has determined that the Veteran's claims for service connection are remanded due to a duty to assist error in failing to obtain his complete service treatment records and conflicting information regarding his social security number and date of birth. The issues will be reconsidered after these matters have been addressed.

The Veteran's hypertension is granted as presumptively related to in-service herbicide agent exposure under the PACT Act. The issues of service connection for sleep apnea, left foot neuropathy, right foot neuropathy, and an acquired psychiatric disorder are remanded due to a duty-to-assist error.

Your service connection claims for bilateral upper and lower extremity peripheral neuropathy have been fully granted.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status due to his ability to feed himself, prepare meals, manage finances, attend to personal needs such as shaving and toileting, and walk without assistance.

The Veteran's claim for a higher rating for peripheral neuropathy, right upper extremity, is denied as the evidence does not support a disability rating in excess of 50 percent. The Board has remanded the special monthly compensation based on loss of use of hands.

The Board has dismissed the appeals for effective dates and initial ratings related to peripheral neuropathy in both upper extremities due to the Veteran's death during the appeal process.

The Veteran's claims for an effective date earlier than August 10, 2022, and initial compensable rating for hypertension are denied. The Board also finds that the Veteran's nerve disabilities (left and right lower extremity radiculopathy or peripheral neuropathy) need to be remanded for further examination.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and sciatic neuropathy associated with his diabetes, have rendered him unable to secure or follow a substantially gainful occupation since June 28, 2008. The Board has granted an earlier effective date of March 31, 2008 for the TDIU.

The Veteran's service-connected disabilities, including right shoulder rotator cuff tear with degenerative arthritis and lumbar spine conditions, have prevented him from securing or following substantially gainful employment since February 27, 2018. The Board has remanded the issues of service connection for prostate cancer and TDIU prior to February 27, 2018.

The Veteran's claims for an effective date prior to December 4, 2015, for service connection of obstructive sleep apnea and a compensable evaluation for hypertension are denied.,The Veteran's claim for an increased rating for obstructive sleep apnea is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Code 6847.,The Veteran's claim for an increased rating for diabetes mellitus, right upper extremity diabetic neuropathy (all radicular groups), left upper extremity diabetic neuropathy (all radicular groups), right lower extremity diabetic neuropathy (sciatic nerve), and left lower extremity diabetic neuropathy (sciatic nerve) is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Codes 8513, 8513, 8520, or 8520.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional development, including verification of potential radiation exposure during service.

The Veteran's claims for service connection have been remanded due to the submission of new and relevant evidence.,New and relevant evidence has been received to readjudicate the claims for peripheral neuropathy of the bilateral upper and lower extremities.

The Board denied the Veteran's claims for an earlier effective date for TDIU and special monthly compensation based on statutory housebound criteria. The Veteran was granted a combined rating of 80 percent for his service-connected disabilities, including coronary artery disease rated at 100 percent, which alone qualifies him for TDIU.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted TDIU.

The Veteran's claims for TDIU, right and left upper/lower extremity peripheral neuropathy, hypertension, and back disorder are remanded due to duty-to-assist errors. Additional evidence is needed from SSA and VA medical opinions/examinations.