Peripheral neuropathy decisions — 2024

The Board has remanded the case due to an inadequate opinion regarding whether the Veteran's neuropathy of the right upper extremity is proximately due to or aggravated by service-connected diabetes mellitus.

The Board has remanded several claims due to the submission of additional evidence and a need for further development. The Veteran's service connection claims are being reconsidered.

The Board has remanded the case due to inadequate VA opinions and a need for further development, including obtaining a new medical opinion regarding the Veteran's sleep apnea.

The Board has decided to remand the claims for further development due to a pre-decisional duty to assist error in not attempting to obtain the Veteran's Social Security Administration (SSA) records, which may be relevant to assessing his disability severity.

The Veteran's diabetic peripheral neuropathy of the right and left lower extremities has been granted a disability rating of 40 percent for the period from January 24, 2019 to April 5, 2022.

The Veteran's testicular disability is granted as secondary to his service-connected prostate cancer, effective August 10, 2022.

The Veteran's eligibility for financial assistance in purchasing an automobile or adaptive equipment is remanded due to his failure to report for scheduled VA examinations. The Board will schedule another examination to assess the severity of his service-connected disabilities and their impact on his activities of daily living.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantial gainful employment, thus denying his claim for total disability rating due to individual unemployability for accrued benefits purposes.

The Veteran's claim for an increased rating in excess of 20 percent for diabetes has been dismissed as the Veteran withdrew his appeal. The Board also remanded issues regarding service connection for peripheral neuropathy, upper and lower extremities.

The Board has remanded the Veteran's claims due to insufficient opinions regarding his claimed disabilities and need for additional medical records. The issues of increased ratings, service connection, and other claims are now before the VA again.

The Veteran's sarcoidosis is rated based on bronchitis, but he asserts the severity of his rating does not accurately reflect the severity of his symptomology. The Board finds that additional VA examination and medical opinion are needed to determine if an increased rating is warranted.

The Veteran's claims for peripheral neuropathy of the upper and lower extremities as secondary to type II diabetes mellitus have been dismissed due to mootness.,The Veteran's claim for hypertension as secondary to PTSD has been granted.

The Veteran's claim for an increased level of SMC was denied as he does not meet the criteria for any of the available rates under VA regulations.

The Veteran's appeal for a higher rating for his service-connected bilateral foot disability was denied, as the criteria provided in DC 5276 reasonably describe his disability level and symptomatology.,The Veteran's claim for service connection for a bilateral eye disability was also denied. The VA examiner opined that the Veteran's bilateral eye disability is less likely than not incurred in or caused by his military service.

The Veteran's claims for higher evaluations for various peripheral neuropathies and diabetes mellitus, type II are being remanded due to the need for additional development.

The Veteran's service connection for type II diabetes mellitus and its secondary effects on the upper and lower extremities is granted. The Board found that the Veteran was exposed to herbicide agents in or near the Korean DMZ, which supports presumptive service connection.

The Board has found that substantial compliance with its previous November 2023 remand directives was not met, and thus the claims for loss of digit on right hand, peripheral neuropathy of the bilateral upper extremities, erectile dysfunction, and eye condition are being remanded due to a failure to obtain medical opinions as instructed.

The Board has remanded the Veteran's claims for diabetes mellitus, type II; left and right lower extremity peripheral neuropathy; sleep apnea; lung disability; and chronic myeloid leukemia due to in-service exposure to hazardous substances. The VA will obtain updated medical records and conduct additional development regarding the Veteran's allegations of herbicide exposure.

The Board has remanded the case for further development due to concerns about the competency of the VA examiners who provided the medical opinions used in assigning disability ratings and effective dates.

The Veteran's claim for a greater than 40 percent rating for his lumbar degenerative disc disease with herniated disc stats-post laminectomy and microdiscectomy of the L5-S1 was denied. A 60 percent rating for left lower extremity foot drop and left lower extremity radiculopathy involving S-1 nerve is granted from May 15, 2017. The Veteran's claim for a greater than 10 percent rating for right lower extremity neuropathy due to lumbar degenerative disc disease was denied.