The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for peripheral neuropathy due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The deciding factor: The Veteran did not provide informed consent regarding the risk of developing peripheral neuropathy as a side effect of chemotherapy administered by VA. The Board found that there was no evidence of negligence and that the event (development of peripheral neuropathy) was reasonably foreseeable.
- Claimed conditions
- Peripheral Neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20069096
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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The Veteran's service-connected post-traumatic stress disorder with neurocognitive disorder and peripheral neuropathy caused him to require regular aid and attendance, thus granting special monthly compensation.
- Granted
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- Partly granted
The Board denied an initial rating in excess of 70 percent for PTSD and remanded the claims for service connection for peripheral neuropathy, hypertension, obstructive sleep apnea, a lung condition, and entitlement to TDIU.
- Denied
The Veteran's service-connected lumbosacral spine disability and associated neuropathy of the lower extremities did not preclude him from obtaining or retaining substantially gainful employment prior to February 10, 2010.
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