Peripheral neuropathy decisions — 2013

The Board has remanded this case to the RO for issuance of a Statement of the Case as to all issues related to service connection and CUE, including bilateral hearing loss, tinnitus, neuropathy of the upper and lower extremities, and defective vision.

The Board has determined that the Veteran does not have peripheral neuropathy related to his service-connected diabetes mellitus or any event or injury in service, including exposure to herbicides. As such, service connection for peripheral neuropathy is denied.

The Board denied service connection for a left knee disability, degenerative changes of the left shoulder, and a low back disability. Service connection was not granted for peripheral neuropathy of the left upper extremity as it is not considered secondary to a service-connected condition.

The Veteran's service-connected disabilities, including coronary artery disease and degenerative arthritis of the spine, are found to affect his ability to engage in substantially gainful employment. The case is REMANDED for further development.

The Veteran's claims for service connection for various disabilities, including diabetes mellitus and related conditions, are denied as the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities prior to May 1, 2009 were denied. The effective date for service connection for residuals of stroke was not addressed in this decision.

The Veteran's service-connected diabetes mellitus type II is presumed to have been caused by herbicide exposure in Korea. The Board finds that the Veteran's nephropathy and neuropathy are proximately caused or aggravated by his service-connected diabetes mellitus type II.

The Board found that the Veteran does not have peripheral neuropathy of either lower extremity and denied his claims for service connection.

The Veteran's left ulnar neuropathy, a residual of his service-connected penetrating left elbow wound, is currently rated at 10 percent and has been granted. The issue of entitlement to a TDIU rating remains pending.

The Veteran's service-connected peripheral neuropathy of the bilateral lower extremities has been rated at 30 percent, and there is no evidence showing complete paralysis or other criteria warranting a higher rating.

The Board has denied the Veteran's claims for service connection for gastritis, sciatic neuropathy of the right lower extremity, sciatic neuropathy of the left lower extremity, and bipolar disorder. The effective dates for these conditions have not been addressed due to pending remand issues.

The Board has determined that the Veteran had sufficient service in and near the DMZ to presume exposure to herbicides, which allows for presumptive service connection for diabetes mellitus. Service connection is also granted for bilateral neuropathy of the lower extremities as secondary to his now service-connected diabetes.

The Veteran's peripheral neuropathy of the left lower extremity is manifested by no more than mild or moderate incomplete paralysis of the posterior tibial nerve, and thus does not warrant a rating in excess of 10 percent.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy of the extremities, have rendered him unable to secure or follow a substantially gainful occupation since March 9, 2007. The VA has determined that he is unemployable due to his service-connected conditions.

The Veteran's service-connected lumbar spine strain has been granted a higher rating, and he is now receiving a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the Veteran's service-connected disabilities and their impact on his employability.

The Veteran's claims for service connection for bilateral upper and lower extremity peripheral neuropathy, to include as due to herbicidal agent exposure, are being remanded for further development.

The Board has determined that the Veteran's claimed bilateral leg disability, peripheral neuropathy, periodic leg movement of sleep, and Baker's cyst in the right knee are not service-connected.

The Board has granted service connection for impotence as secondary to the Veteran's service-connected right lower extremity disabilities and medications, diabetes mellitus type II as secondary to his service-connected disabilities, and bilateral lower extremity peripheral neuropathy as secondary to diabetes. Service connection for bilateral upper extremity peripheral neuropathy was not addressed in this decision.

The Veteran's diabetes and peripheral neuropathy of the lower extremities have been rated as 20 percent disabling, but his upper extremity conditions are not entitled to increased ratings.