Peripheral neuropathy decisions — 2013

The Board has determined that the Veteran's peripheral neuropathy of both lower extremities warrants a 20% rating, effective October 16, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA and private treatment records related to his diabetic retinopathy.

The Veteran's peripheral neuropathy of the left and right lower extremities was rated at 20 percent each since June 21, 2012.

The Veteran's initial ratings for bilateral lower extremity peripheral neuropathy were increased to 20 percent effective January 27, 2011.

The Veteran's claim for an increased rating in excess of 30 percent for his left elbow disability is being remanded due to the need for additional development, including obtaining VA treatment records and a new examination by a neurologist.

The Veteran's claims for increased evaluation and TDIU are being remanded due to inadequate development of the medical opinions needed to adjudicate these issues.

The Veteran's peripheral neuropathy of the right and left lower extremities was found to be at least as severe as mild incomplete paralysis, which warrants a 10 percent rating.

The Veteran's death was found to be due to his service-connected disabilities, specifically peripheral neuropathy of the upper and lower extremities, diabetes, PTSD, multiple skin disorders, hypertension, and urinary changes. The Board determined that there is at least an approximate balance of positive and negative evidence regarding whether these conditions caused him to require aid and attendance from another person, thus granting special monthly compensation based on need for aid and attendance for purposes of accrued benefits.

The Veteran's polyneuropathy of the upper extremities is found to be related to herbicide exposure in service. The Veteran is also granted eligibility for specially adapted housing assistance due to his service-connected disability.

The Board has granted a separate noncompensable evaluation for sensory neuropathy of the thoracic spinal nerve roots T5-6, associated with the Veteran's service-connected multiple level disc protrusion and compression fractures.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for an acquired psychiatric disorder, claimed as PTSD and depression. However, the claim remains denied as there is no valid diagnosis of PTSD and the Veteran's current psychiatric disorders are not related to active duty service.

The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus, type II was granted. His claim to reopen a claim for peripheral neuropathy as a complication of diabetes mellitus was also reopened but denied.

The Veteran's claims for service connection are being remanded due to scheduling issues, and no specific rating or effective date is provided.

The Board has granted service connection for a low back disorder and a groin disorder, finding that both conditions originated during active service.

The Board has granted service connection for left foot pain, which is considered a qualifying chronic disability due to undiagnosed illness or other qualifying chronic disability. The Veteran's scars of the upper back and sleep apnea are also found to be related to his military service.

The Veteran's service-connected low back disorder was granted a rating of 20 percent prior to August 24, 2010 and increased to 30 percent thereafter. The right knee and left knee disorders were each granted a rating of 10 percent initially, with the left knee receiving an additional 10 percent for instability starting from August 24, 2010. The service-connected diabetic peripheral neuropathy of both lower extremities was also granted initial ratings of 10 percent prior to August 24, 2010 and increased to 20 percent thereafter.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, and/or protecting himself from the hazards of his environment. The Board finds that he is in need of the regular aid and attendance of another person.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the claims.

The Board found that the Veteran's current peripheral neuropathy of both upper and lower extremities did not begin in service or due to herbicide exposure, and therefore denied his claims for service connection.

The Veteran's claims for increased ratings for diabetes mellitus and bilateral lower extremity peripheral neuropathy are being remanded due to the need for additional medical records and a comprehensive examination.