Peripheral neuropathy decisions — 2013

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Veteran's claim for TDIU is being remanded due to changes in his disability picture and the need for additional examination.

The Board has determined that the Veteran's service-connected conditions did not cause or contribute to his death from multi-lobular pneumonia due to MRSA, COPD and Raynaud's Syndrome. The VA examiner concluded that the Veteran's non-service connected condition of COPD was the primary cause of his death.

The Veteran has withdrawn his appeals for hypertension, bladder disorder, and peripheral neuropathy of the bilateral lower extremities.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and a VA examination.

The Board denied service connection for peripheral neuropathy of the lower extremities as there was no evidence showing onset in service or a relationship to an injury, disease, or event during service. The Veteran's lay claim for secondary service connection based on his back disability is also denied.

The Board has reopened the Veteran's claim for service connection and found that there is sufficient evidence to establish a nexus between his current disabilities (peripheral neuropathy of the bilateral hands and feet, osteoarthritis of the right hand, and onychomycosis of the feet) and his active duty service. The claim is therefore granted.

The Board denied the Veteran's claims for service connection for asthma, peripheral neuropathy, joint disease of the hands and knees, and diabetes mellitus type II as secondary to exposure to asbestos. The Veteran was not exposed to herbicides or other Agent Orange compounds during his military service.

The Veteran's peripheral neuropathy was not incurred or aggravated during active duty service, as secondary to PTSD, nor can it be presumed to be related to herbicide exposure during active duty service.

The Veteran's appeal is being remanded to obtain updated medical records, schedule him for VA examinations, and readjudicate his claims.

The Veteran's diabetes mellitus, type II, requires insulin and a restricted diet but does not require regulation of activities or hospitalizations. The Board found the evidence did not support a higher rating than 20 percent.

The Veteran is seeking service connection for peripheral neuropathy of his upper and lower extremities, which he claims are related to cold injuries sustained in Korea during active duty. The case has been remanded due to the need for additional medical examination.

The Veteran's prostate cancer, rated as 40 percent disabling since February 1, 2008, is not entitled to a higher rating. The Board found that the predominant residual of his service-connected disability was voiding dysfunction, which does not warrant an increased rating beyond 40 percent. For the period beginning March 14, 2013, the Veteran meets the schedular criteria for TDIU under 38 C.F.R. § 4.16(a).

The Veteran's right wrist disability was evaluated at a maximum of 30 percent since March 22, 2004. From June 3, 2009 to prior to June 28, 2012, the Veteran received a noncompensable evaluation for his peripheral neuropathy of the right hand. Since June 28, 2012, he has been rated at 20 percent.,The Veteran's TDIU claim is pending and will be adjudicated in conjunction with the other issues on appeal.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, chronic headaches, right knee condition, peripheral neuropathy of the lower extremities, and lumbar disc disease with left radiculopathy are granted. The Veteran is also awarded a non-compensable rating for his eczema prior to February 25, 2013, and a compensable rating thereafter.

The Veteran's claims for service connection have been denied as the evidence does not support a finding of service connection for any of the conditions listed, and the Veteran has not submitted new and material evidence to reopen his claim for diabetic retinopathy.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his employability due to service-connected disabilities.

The Veteran's claims for higher initial ratings for PN of the upper and lower extremities have been denied as there is no evidence that his symptoms approximate moderate or severe incomplete paralysis, warranting a rating greater than 10 percent.

The Veteran's service-connected right and left upper extremity peripheral neuropathy have been granted, but the ratings are less than the maximum available. The Veteran is currently receiving increased ratings for his conditions.

The Veteran has withdrawn his appeals regarding the increased ratings for diabetes mellitus, type II; peripheral neuropathy of the right and left lower extremities; and bilateral hearing loss.