Peripheral neuropathy decisions — 2024

The Veteran's application for Legacy S-DVI insurance was denied because it was not received within two years of the most recent grant of service connection for a disability rated at 10 percent or more. The Board found that the Veteran did not meet the basic eligibility requirements for Legacy S-DVI under 38 U.S.C. § 1922(a).

The Veteran's appeal was dismissed due to his death, and the underlying claims are returned to the Board.

The Veteran's service connection claims for diabetes mellitus, type II, erectile dysfunction, hypertension, prostate cancer, and bilateral lower extremity peripheral neuropathy are remanded due to a duty to assist error in obtaining his service records.

The Board has denied service connection for left upper extremity and right upper extremity peripheral neuropathy as there is no current diagnosis of the condition.

Effective July 21, 2016, service connection for right upper extremity axonal neuropathy with tremors, left upper extremity axonal neuropathy with tremors, right lower extremity axonal neuropathy, and left lower extremity axonal neuropathy is granted.

The Veteran's appeal is remanded due to duty-to-assist errors, and he needs new examinations for his service-connected right foot and peripheral nerve disabilities as well as his right knee and hip disabilities.

The Veteran's claims for service connection were denied. The Board found that the claimed conditions did not manifest in service or within one year of separation, and are not proximately due to, the result of, or aggravated by a service-connected disease or injury.,For accrued benefits purposes, the Veteran was not granted service connection for any of his claimed disabilities.

The Board has determined that the Veteran's death was not caused by his service-connected disabilities, and therefore DIC benefits based on cause of death are denied.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy, along with a 100% disability rating for other specified trauma and stressor related disorder, qualifies him for an effective date of March 2, 2017, for the grant of special monthly compensation (SMC)(l) based on aid and attendance. The Veteran is also eligible for SMC(p), at a higher rate than (l), due to his other service-connected disabilities.

The Board has granted service connection for right finger amputation, a right-hand disability (also claimed as joint pains), right ulnar peripheral neuropathy, and right-hand scars. The claim for depression is remanded.

The Veteran's claims for an earlier effective date for tinnitus and diabetic peripheral neuropathy, bilateral upper extremities were denied as the earliest claim was filed on June 22, 2018.,Both conditions were granted service connection from that same date.

The Board has granted an earlier effective date of March 14, 2016 for service connection for bilateral lower extremity peripheral neuropathy due to Agent Orange exposure.

The Veteran's service connected disabilities, including left knee instability, peripheral neuropathy of the sciatic nerves in both legs, and Other Specified Trauma and Stressor Related Disorder with secondary cannabis use, have been granted effective February 20, 2020.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy resulted in effective loss of use, warranting special monthly compensation (SMC).

The Veteran's service-connected disabilities, including coronary artery disease, myelodysplastic syndrome, chronic kidney failure, right leg amputation, and various peripheral neuropathies, have rendered him unable to secure or follow substantially gainful employment since March 4, 2011. The effective date for TDIU is set at this date.

The Veteran's appeals for increased ratings of peripheral neuropathy in all extremities have been dismissed due to improper filing and procedural defects.

The Board has remanded the Veteran's claim for an increased rating for his diabetes mellitus, type II due to procedural errors and inadequate VA examinations. The AOJ is required to obtain missing VA community care treatment records, private treatment records, and provide an addendum opinion on the nature of the Veteran's current diabetes mellitus.

The Board has remanded four service connection claims for a heart condition, hypertension, right lower extremity peripheral neuropathy, and sinusitis with headaches due to the need for additional examinations and consideration of whether preexisting conditions were aggravated by service.

The Veteran's service-connected disabilities cause him to require regular aid and attendance of another person, warranting SMC based on the need for regular aid and attendance.

The Board dismissed the Veteran's appeals for earlier effective dates in his ratings for PTSD, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy.