Peripheral Neuropathy VA Claim Grants

Findings of Fact (verbatim from decision)

1. Resolving reasonable doubt in the Veteran's favor, throughout the claim period, the symptoms associated with his right lower extremity peripheral neuropathy most closely approximate moderately severe incomplete paralysis. 2. Resolving reasonable doubt in the Veteran's favor, throughout the claim period, the symptoms associated with his left lower extremity peripheral neuropathy most closely approximate moderately severe incomplete paralysis.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the United States Army from July 1968 to June 1970. This case comes before the Board of Veterans' Appeals (Board) on appeal of a November 2013 decision by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2020 the Board remanded these claims to the agency of original jurisdiction (AOJ) for further development and consideration. In May 2022, the Board, in pertinent part, denied ratings in excess of 10 percent prior to March 6, 2015, and in excess of 20 percent thereafter, for bilateral (i.e., right and left) lower extremity peripheral neuropathy. The Veteran appealed the Board's May 2022 decision to the U.S. Court of Appeals for Veterans Claims (Court). While his claims were pending at the Court, his representative and VA's Office of General Counsel on behalf of the Secretary, filed a Joint Motion requesting that the Court vacate the Board's decision and remand these claims back to the Board for readjudication. In an August 2023 Order, the Court granted the Joint Motion. Increased Rating Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, found in 38 C.F.R., Part 4.…

Findings of Fact (verbatim from decision)

1. The Veteran filed his original claim of entitlement to service connection for diabetes mellitus on September 6, 2005. 2. The Veteran filed his original claim of entitlement to service connection for right lower extremity peripheral neuropathy on September 6, 2005. 3. The Veteran filed his original claim of entitlement to service connection for left lower extremity peripheral neuropathy on September 6, 2005. 4. The Veteran filed his original claim of entitlement to service connection for congestive heart failure on September 6, 2005. 5. The Veteran filed his original claim of entitlement to service connection for blindness on September 6, 2005. 6.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from June 1967 to August 1976, and from June 1983 to November 1986. He also had a duty period in the United States Marine Corps Reserve from July 1991 to June 1996. The Veteran died on September [REDACTED], 2009. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of May 2017. A rating decision of March 2007 denied, in relevant part, entitlement to service connection for diabetes mellitus, congestive heart failure, blindness, hypertension, diabetic gastronitis [sic], diabetic peripheral neuropathy, and special monthly pension. A March 2008 rating decision denied, in relevant part, service connection for incontinence. After the Veteran filed a request to reopen in April 2008, the denial of service connection for incontinence was confirmed by a rating decision of June 2009. The Veteran appealed these denials by filing a notice of disagreement (NOD) in March 2007 and VA Form 9 in November 2007. The Board notes that an entry for gastronitis is not found in standard medical dictionaries, and that a private treatment record of February 2007 made an assessment of gastroparesis, not gastronitis. While the claims were pending on appeal, the Veteran died on September [REDACTED], 2009. [REDACTED], the mother of the Veteran's minor child, [REDACTED], filed claims for dependency and indemnity comp…

Findings of Fact (verbatim from decision)

1. In a March 2016 rating decision, the Veteran was denied service connection for peripheral neuropathy. He initiated but did not perfect an appeal of this determination. 2. Since the final March 2016 rating decision, new evidence has been associated with the claims file which raises a reasonable possibility of substantiating the Veteran's claim of entitlement to service connection for peripheral neuropathy of the right upper extremity. 3.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from January 1972 to January 1976. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran initiated and perfected an appeal of this determination in the legacy appeals system. In July 2021, the Veteran testified before a Veterans Law Judge. New and material evidence 1. Whether new and material evidence has been received to reopen a service connection claim for peripheral neuropathy of the right upper extremity 2. Whether new and material evidence has been received to reopen a service connection claim for peripheral neuropathy of the left upper extremity 3. Whether new and material evidence has been received to reopen a service connection claim for peripheral neuropathy of the right lower extremity 4. Whether new and material evidence has been received to reopen a service connection claim for peripheral neuropathy of the left lower extremity The Veteran seeks to reopen his service connection claims for peripheral neuropathy of the upper and lower extremities. He asserts these disabilities began during active duty as a result of chemical exposure, and service connection is therefore warranted. In general, decisions of the RO and the Board that are not appealed are final. 38?U.S…

Findings of Fact (verbatim from decision)

1. The Veteran was exposed to herbicide agents due to military service on and around the perimeter of the Royal Thai Air Force Base (RTAFB) at U-Tapao, Thailand from December 1968 to December 1969. 2. The Veteran does not have early-onset peripheral neuropathy of the upper or lower extremities. 3. The evidence is in approximate balance as to whether the Veteran's peripheral neuropathy of the bilateral upper extremities is etiologically related to herbicide agent exposure during active-duty service. 4.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from May 1953 to December 1957 and from November 1958 to April 1974. This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This appeal was developed in accordance with the VA Legacy appeals process. As such, the regulations specifically pertaining to VA's current appeals process under the Appeals Modernization Act (AMA) are not for application. This case was previously before the Board in March 2017, December 2020, June 2021, and September 2022 when it was remanded for further development. It has now returned to the Board for additional appellate action. 1. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities. 2. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremities. The Veteran contends that service connection is warranted for peripheral neuropathy of the bilateral upper and lower extremities. Specifically, he contends that the condition was incurred due to herbicide agent exposure during his active-duty service in Thailand. The Board finds that the evidence is in approximate balance and will therefore grant the claims after resolving any doubt in favor of the Veteran.…

Findings of Fact (verbatim from decision)

Resolving all reasonable doubt in favor of the Veteran, the weight of the evidence is at least in relative equipoise as to whether his bilateral upper and lower extremity peripheral neuropathy is etiologically related to in-service agent orange exposure.