Peripheral neuropathy decisions — 2024

The Veteran's claims for service connection for small fiber neuropathy in both the right and left lower extremities were dismissed as a matter of law due to an impermissible concurrent election of review.

The Board has dismissed all claims for earlier effective dates and evaluations for diabetic peripheral neuropathy, as the Veteran died during the appeal process.

The Veteran's service connection claims for non-Hodgkin's lymphoma, GERD, erectile dysfunction, right and left upper extremity neuropathy, and right and left lower extremity peripheral neuropathy were granted in the March 20, 2023 rating decision. The appeal is denied as the Appellant is not eligible for attorney fees based on past-due benefits awarded in this decision.

The Veteran's service connection claims for idiopathic peripheral neuropathy of the left and right lower extremities are granted, with the decision being based on presumptive exposure to Agent Orange during service. The PACT Act is applicable in this case.

The Board has dismissed the appeals for service connection for thoracic outlet syndrome of the right and left upper extremities, as well as sleep apnea. The Veteran's current conditions are related to his military service.

The Board has determined that additional development is necessary due to a pre-decisional duty to assist error and has remanded the case for further action.

The Veteran's obstructive sleep apnea is found to be related to his service-connected PTSD and peripheral neuropathy, granting service connection for this condition.

The Board has dismissed the claim for a compensable rating for hypertension as moot due to concurrent adjudication and granting of the rating. The Veteran is granted TDIU based on his service-connected disabilities, which have rendered him unemployable. SMC for aid and attendance is also granted due to the Veteran's need for substantial assistance from his husband.

The Veteran's service-connected disabilities rendered him unable to obtain and/or maintain substantially gainful employment, and the Board finds that his appeal for TDIU is granted.

The Veteran's appeal is remanded due to the need for a new VA examination and evaluation of his service-connected right and left lower extremity disabilities, including chronic exertional compartment syndrome and peripheral neuropathy. The claims are also remanded for clarification on the nature and etiology of any diagnosed lower extremity neuropathies.

The Board has granted the Veteran's claims for service connection and effective dates of October 4, 2021, for bilateral lower extremity peripheral neuropathy (femoral nerve impairment) and October 26, 2021, for bilateral upper extremity peripheral neuropathy. The evidence showed diagnoses prior to these dates.

The Board has remanded the claims of service connection for diabetes mellitus, type II, high blood pressure, hypothyroidism, neuropathy, and sleep apnea due to a duty to assist error. The Veteran asserts exposure to herbicide agents during a secret mission in Korea.

The Board has granted service connection for right and left lower extremity peripheral neuropathy due to presumed exposure to Agent Orange. Service connection is being remanded for the upper extremities.

The Board dismissed the Veteran's appeals for service connection for peripheral neuropathy of the left and right lower extremities (claimed as left foot numbness and right foot numbness) due to a procedural error in docketing the appeal.

The Veteran's bilateral hearing loss is rated at 10 percent, which is the highest available rating under the applicable VA schedule.,The Veteran's prostatitis with impotency and urinary incontinence is currently rated as 40 percent disabling. The Veteran seeks a higher rating for this condition.

The Board has determined that the Veteran's left eye condition, diagnosed as ischemic optic neuropathy, is related to his service-connected hypertension and grants entitlement to service connection for this condition.

The Veteran's service connection claims for diabetes mellitus, type II (DMII), prostate cancer and residuals, and coronary artery disease (CAD) have been granted on a presumptive basis due to exposure to herbicide agents in Vietnam. Service connection has also been granted for diabetic peripheral neuropathy of the lower extremities as secondary to DMII.

The Board has found new and relevant evidence for the Veteran's claims of service connection for diabetes mellitus type II, peripheral neuropathy, hypothyroidism, and obstructive sleep apnea. The AOJ is required to readjudicate these claims in the first instance as they have been reopened.

The Veteran's foot ulcers and kidney disability are not related to his active service, as there is no evidence of these conditions during or within one year after separation from service. The back disability was productive of forward flexion greater than 30 degrees but not greater than 60 degrees.,There is insufficient evidence to establish a connection between the Veteran's kidney disability and his active service.

The Board has restored service connection for diabetes mellitus type 2 and bilateral lower extremity diabetic peripheral neuropathy due to conflicting medical opinions regarding the Veteran's diagnosis of diabetes.