Peripheral neuropathy decisions — 2014

The Board has granted an increased disability rating of 40 percent for diabetes mellitus, and separate ratings of 40 percent each for diabetic peripheral neuropathy of the right and left lower extremities. The Veteran's diabetic nephropathy is also rated at 30 percent.

The Board denied increased ratings for diabetes mellitus and peripheral neuropathy of the upper and lower extremities, finding that the Veteran's conditions did not meet criteria for a higher rating under Diagnostic Code 7913 (diabetes) or Diagnostic Codes 8516 and 8521 (peripheral nerves).

The Veteran's service-connected disabilities, combined, result in such severity as to render him unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected disabilities, without consideration of his age or non-service connected disabilities, prevent the Veteran from obtaining and maintaining substantially gainful employment. The criteria for TDIU have been met.

The Veteran's peripheral neuropathy of the right and left upper extremities has been rated at 30 percent since November 30, 2012. The Veteran's peripheral neuropathy of the left lower extremity was initially rated at 20 percent from May 18, 2011 through November 29, 2012 and then increased to 30 percent thereafter.,The Veteran's peripheral neuropathy of the right lower extremity has been rated at 30 percent since November 30, 2012. The Veteran is also service-connected for a TDIU.

The Veteran does not have a current diagnosis of neuropathy in either the left or right lower extremity, and there is no evidence linking his service-connected foot disabilities to these conditions.

The appellant is entitled to a higher initial evaluation of 20 percent for C6-7 radiculopathy of the left upper extremity and musculocutaneous neuropathy of the right upper extremity, prior to July 12, 2012.,The appellant is also entitled to an initial evaluation in excess of 10 percent for radiculopathy of the right and left lower extremities.

The Board has ordered that the case be remanded for a VA examination to assess the relationship between the Veteran's peripheral neuropathy of the lower extremities and his service, including presumed Agent Orange exposure. The Veteran is also considered to have engaged in combat with the enemy during service.

The Veteran's claims for increased ratings and service connection were denied. The Board also noted that more recent VA treatment records from the Atlanta VAMC and East Point COBC need to be obtained.

The Board denied the Veteran's claims of service connection for erectile dysfunction, diabetes mellitus, and peripheral neuropathy. The decision found that there was no current disability for each condition.

The Veteran's appeal is being remanded for additional development, including obtaining clarification from Dr. Brager regarding the cause of his colorectal cancer and scheduling an examination to determine if it was caused by herbicide exposure.

The Veteran's service-connected disabilities are of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's neurological disorder, including peripheral neuropathy, was caused by his active service and the Board has granted service connection for these conditions.

The Board found that the Veteran's chronic back disability and sciatic nerve neuropathy did not have its onset during active military service, thus denying his claim for service connection.

The Veteran's claims are being remanded for additional development, including verification of herbicide exposure and consideration of the new evidence.

The Board has determined that the Veteran's bilateral upper and lower extremity peripheral neuropathy and erectile dysfunction are not causally or etiologically related to service, including his service-connected diabetes mellitus, type II.

The Veteran's diabetes mellitus was not incurred in or aggravated by service, and the Board denied service connection for impotence, diabetic retinopathy, and peripheral neuropathy as secondary to diabetes.

The Board finds that the Veteran's small fiber neuropathy of the feet, bilaterally, did not have onset during active service and was not caused by or related to his military service. The condition is presumed to be due to herbicide exposure in Vietnam, but does not meet the criteria for presumptive service connection.

The Board denied increased ratings for the Veteran's cervical spine disability, radiculopathy of upper and lower extremities, and peripheral neuropathy. The case is remanded to address effective dates prior to September 23, 2002.

The Veteran's claims for service connection for ulnar neuropathy or peripheral neuropathy, diabetes mellitus, sinus infection, and ear infections due to Agent Orange exposure are granted. The effective date of the grant is not specified.