Peripheral neuropathy decisions — 2014

The Veteran's appeal is being remanded due to the need for a videoconference hearing and for issuance of a statement of the case on the issue of an increased rating for bilateral hearing loss.

The Board denied the Veteran's claims for higher initial ratings for his service-connected hearing loss, diabetes mellitus, and diabetic neuropathy of the right lower extremity. The RO previously granted service connection for these conditions but did not assign appropriate disability ratings.

The Board denied the Veteran's claims for a higher initial rating for gait instability due to chemo-radiation and entitlement to TDIU, finding that his service-connected disabilities did not render him unemployable or unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities from Agent Orange exposure have resulted in a combined rating of 70 percent or higher, which meets the criteria for a TDIU. The Board finds that the Veteran is unemployable due to his PTSD and other service-connected conditions.

The Board finds that the Veteran's bilateral peripheral neuropathy of the lower extremities is a complication of his service-connected diabetes mellitus.,The Board also finds that the Veteran's nerve disorder of the right shoulder, claimed as peripheral neuropathy of the right shoulder, is related to his shingles.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since July 14, 2009.

The Veteran's claimed peripheral neuropathy (other than in the right foot) was not shown during service or for many years thereafter, and is not related to service. The Board finds that service connection cannot be established on a direct basis.

The Veteran's service-connected disabilities, including diabetes mellitus and associated peripheral neuropathy of multiple extremities, collectively render him unemployable since November 5, 2003.

The Veteran's appeals have been withdrawn, and his claims are dismissed.

The Veteran's claims for service connection for various conditions, including type 2 diabetes mellitus, peripheral neuropathy of the extremities, lymphoma, and ischemic heart disease, were denied as there is no evidence of exposure to Agent Orange during service. The Board found that the current disabilities are not related to military service.

The Board denied the Veteran's claims for increased ratings for her service-connected chronic low back strain and bilateral tinnitus, as well as her claim to reopen a previously denied claim for service connection for hearing loss. The decision also addressed issues of service connection for various other conditions.

The Veteran's claims for service connection for peripheral neuropathy of the right upper and left upper extremities are granted. However, his claims for service connection for peripheral neuropathy of the right lower and left lower extremities remain denied.

The Veteran's claims for service connection and evaluations of various conditions are being remanded due to the need for additional development, including obtaining updated VA treatment records, conducting appropriate examinations, and readjudicating the claims.

The Veteran's service-connected sensorimotor neuropathy of the right and left lower extremities, as well as his benign right hand tremor, have been granted a 20 percent disability evaluation effective January 1, 2001.

The Veteran's appeal is being remanded for further development, including obtaining pay records and medical opinions to determine if he served in Vietnam and whether his conditions are related to herbicide exposure.

The Board has remanded the case for additional development due to outstanding records and clarification of certain aspects of the record.

The Veteran's service-connected disabilities were of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, other than his sheltered self-employment. The criteria for TDIU were met, for purposes of accrued benefits.

The Veteran's claims for increased ratings for his left shoulder, left ulnar nerve, and cervical spine disabilities were denied. The initial rating for the left rotator cuff tendonitis was denied as it did not meet the criteria for a higher rating. For the period prior to June 14, 2010, the Veteran's left ulnar neuropathy was also denied as it did not meet the criteria for a higher rating. As of June 14, 2010, the middle radicular group (left ulnar neuropathy and cervical radiculopathy) was granted an initial rating of 20 percent. The Veteran's osteoarthritis of the cervical spine was denied as it did not meet the criteria for a higher rating.

The Board has determined that the Veteran's bilateral lower extremity and upper extremity neuropathies are causally related to his service, including exposure to occupational hazards while stationed on the USS Kentucky. As a result, service connection is granted.

The Board has determined that the Veteran does not have upper and lower extremities peripheral neuropathy, to include as secondary to service-connected diabetes mellitus type II.