Peripheral neuropathy decisions — 2024

The Board denied an effective date prior to December 21, 2022, for the award of a total disability rating based on individual unemployability (TDIU).,The Board also denied an earlier effective date than December 21, 2022, for basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Veteran's TDIU claim was denied as he was found to be substantially gainfully employed and not unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's current right ulnar neuropathy and posttraumatic osteoarthritis of the right elbow are related to a right elbow fracture he sustained while serving in Germany. As such, service connection for these conditions is granted.

The Veteran's TDIU claim from March 19, 2020 to October 4, 2022 is granted as he meets the schedular criteria for a combined rating of 70 percent due to multiple service-connected disabilities. The earlier effective date for Dependents' Educational Assistance (DEA) eligibility remains pending.

The Veteran's neurocognitive disorder is granted as secondary to his service-connected PTSD. The Veteran also qualifies for SMC based on the need for aid and attendance due to multiple service-connected disabilities.

The Board has decided to remand the case due to a lack of adequate opinion regarding the etiology of the Veteran's degenerative arthritis and neuropathy of the right hand. The AOJ will have an opportunity to review new evidence on remand.

The Veteran's bilateral hearing loss was rated as noncompensable, and the appeal for an increased rating is denied.,There is no current diagnosis of hepatitis C during the appeal period, and service connection for this condition is not granted.

The Veteran's claims for service connection for left lower extremity peripheral neuropathy and right lower extremity peripheral neuropathy have been dismissed as the Veteran withdrew his appeals.,The Veteran's claims for service connection for cervical spine disorder, headaches, and bilateral upper extremity carpal tunnel are being remanded for further development.

The Board denied the Veteran's claims for increased ratings for bilateral upper and lower extremity polyneuropathy, finding that the evidence did not support a rating in excess of 20 percent for RUE and LUE polyneuropathy or in excess of 10 percent for RLE and LLE polyneuropathy.

The Veteran's appeal for a higher rating for his right ulnar nerve neuropathy was denied. The Board found that the evidence did not support an increased rating, as the condition did not meet the criteria for complete paralysis of the ulnar nerve.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal, leaving no issues for further consideration.

The Board has remanded the Veteran's claims for an earlier effective date for service connection, increased ratings, and TDIU due to incomplete or inadequate VA examinations. The Veteran's back disability is inextricably intertwined with his bilateral lower extremity neuropathies.

The Veteran's service-connected Diabetes Mellitus Type II and bilateral lower extremity diabetic peripheral neuropathy have been granted effective from the dates of their respective diagnoses.,An earlier effective date for the Veteran's service connection is granted, with specific effective dates provided for each condition.

The Board denied the Veteran's request for an effective date prior to May 18, 2020 for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The evidence did not show that the Veteran was unable to secure or follow substantially gainful employment within one year prior to receipt of his claim.

The Board denied service connection for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity as there is no current evidence of such conditions.

Service connection for hypertension is granted effective August 10, 2022. Service connection for tremors (including Parkinson's disease), anemia, a skin disorder of the feet, right lower extremity neuropathy disorder, and left lower extremity neuropathy disorder are also granted effective August 10, 2022 based on presumed herbicide exposure.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's claims for service connection and compensable ratings for various conditions related to his knees, nerves, sleep, and legs have been denied. The Board found that the evidence did not establish current disabilities or persistent symptoms for some of these conditions.

The Board has remanded the Veteran's claims for service connection due to his reported cellulitis in service, which may have caused or contributed to his current peripheral neuropathy and somatic dysfunction of the thoracic region. The Veteran is seeking service connection for these conditions based on their onset during active duty.

The Veteran withdrew all claims for service connection, including those related to cervical condition (neck), left shoulder degenerative arthritis with rotator cuff tendonitis, and peripheral neuropathy, left upper extremity. The Board dismissed these issues as a result of the withdrawal.