Peripheral neuropathy decisions — 2024

The Veteran's appeals for service connection on all five claims have been dismissed due to his withdrawal of the appeal in June 2020.

The Veteran's service-connected disabilities rendered him unemployable as of April 15, 2014. Effective from that date, he is granted a TDIU and an increase in his rating for right ankle sprain with decreased reflexes.

The Board has dismissed the appeals for service connection and initial compensable disability rating for left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and hypophosphatemia osteomalacia due to concurrent elections in violation of VA regulations.

The Board has decided to remand the claims for bilateral hearing loss and lower extremity neuropathy due to incomplete VA treatment records and a need for additional examination and opinion regarding service connection.

The Veteran's right limb dystonia and right upper extremity peripheral neuropathy are granted a 60 percent rating, while his left upper extremity peripheral neuropathy is granted a 70 percent rating. The combined effects of these service-connected conditions have rendered the Veteran unable to obtain and maintain substantially gainful employment for the appeal period from July 31, 2009 to February 22, 2022.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support presumptive or direct service connection. The Veteran died from cerebrovascular accident and diabetes.

The Veteran's claims for bilateral hearing loss, tinnitus, left lower extremity peripheral neuropathy (sciatic nerve), and right lower extremity peripheral neuropathy were granted effective September 6, 2019. The claim for PTSD was also granted with an effective date of September 6, 2019.

The Board denied service connection for right and left upper extremity neuropathy, as there is no current diagnosis of these conditions.,Service connection was also denied for a back disability and associated lumbar radiculopathy secondary to the Veteran's service-connected nephrolithiasis, bilateral knee, and left ankle disabilities.

The Veteran's claims for service connection for right and left lower extremity peripheral neuropathy (femoral nerve) have been granted effective as of September 6, 2019.

The Veteran's claim for a higher rating for diabetic neuropathy in the upper and lower extremities was denied. The Board found that the evidence did not support ratings higher than 20 percent for both the left and right upper extremities, as well as the left and right lower extremities.

The appeal to determine eligibility for attorney fees based on past-due benefits awarded in a May 2020 rating decision is dismissed because the appellant did not file an NOD within the required timeframe.

The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left and right lower extremities, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,Service connection for bilateral upper extremity peripheral neuropathy is denied.

The Veteran's diabetes mellitus type II is rated at 20 percent, and his bilateral hearing loss is rated at 20 percent. The Board denied the Veteran's claims for service connection of upper left peripheral neuropathy and a compensable rating for bilateral hearing loss.

The Board has granted the Veteran's appeal for service connection for a left knee disability, including strain with a meniscal tear and neuropathy. The claim was withdrawn for service connection for a left hip strain and neuropathy.

The Board has remanded the claims of service connection for a low back disability, LLE peripheral neuropathy, and RLE peripheral neuropathy due to duty-to-assist errors. The automobile allowance claim is also remanded as it may be affected by the outcome of the service connection claims.

The Board denied service connection for diabetes mellitus type 2, bilateral lower and upper extremity peripheral neuropathy conditions, and bilateral knee and hip conditions as there was no probative medical evidence linking these disabilities to the Veteran's service or a service-connected condition.

The Veteran's initial disability evaluation for diabetes mellitus, type II, is denied. Separate compensable evaluations are granted for right-lower-extremity and left-lower-extremity diabetic neuropathy.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of the bilateral upper and lower extremities due to a lack of VA medical examination regarding the etiology of his claimed conditions. The Veteran is not entitled to presumptive service connection based on herbicide exposure, but can establish direct service connection with proof of causation.

The Board has granted service connection for peripheral neuropathy in both upper and lower extremities, but has remanded the claims of peripheral neuropathy left and right lower extremity due to a lack of nexus opinions addressing these specific conditions.