Peripheral neuropathy decisions — 2015

The Board has determined that service connection is not warranted for carpal tunnel syndrome and peripheral neuropathy of the upper extremities as there is no evidence linking these conditions to service.

The Board has remanded the case for additional development, including obtaining a VA examination and opinion regarding the Veteran's bilateral hearing loss disability and his employability due to service-connected disabilities.

The Veteran's appeal for service connection for various conditions, including depression, a sleep disorder, anxiety, anguish, memory loss, and tinnitus related to his diabetes mellitus has been denied.

The Veteran's service connection claims for upper extremity neurological condition, urinary issues, and gastrointestinal issues have been denied. The Board found no evidence linking these conditions to the Veteran's active service or any service-connected disabilities.,Specifically, the Veteran was diagnosed with bilateral carpal tunnel syndrome of the upper extremities but not peripheral neuropathy. His urinary urgency is attributed to elevated PSA levels from an enlarged prostate, unrelated to herbicide exposure or diabetes mellitus. The Veteran also denied having current gastrointestinal issues.

The Board has determined that the Veteran's esophageal cancer is at least as likely as not related to his service, including exposure to contaminated water at Camp Lejeune. The other secondary claims are being remanded for further development.

The Veteran's neuropathy of the upper extremities was not etiologically related to service and was not proximately caused by or permanently worsened by a service-connected disability. The Board denied service connection for the upper extremity neuropathy as secondary to HIV infection, but found that the Veteran's thoracolumbar spine disability did not warrant an increased rating prior to December 14, 2013, and that he was not unemployable.

The Veteran's service-connected lumbosacral strain, right lower extremity neuropathy, and left lower extremity neuropathy are rated at the maximum available disability ratings. The Veteran is also entitled to a TDIU based on his service-connected disabilities.

The Veteran is seeking a TDIU based on his service-connected cold injury residuals of the feet and peripheral neuropathy of the lower extremities, but he does not meet the schedular criteria for a total disability rating under 38 C.F.R. § 4.16(a). The Board has referred the case to the Director, Compensation Service, for consideration of an extra-schedular TDIU under 38 C.F.R. § 4.16(b) due to his service-connected disabilities.

The Board has determined that the Veteran's hearing loss and tinnitus are related to service, while his other conditions have not been established as being due to or a result of service.

The Veteran's appeal is being remanded for additional examinations and development of the claims file to determine the current severity of his service-connected disabilities, including lung cancer with scarring, COPD, chronic bronchitis, peripheral neuropathy of both feet, and polycythemia.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment consistent with his educational and occupational background, warranting a TDIU.

The Board has remanded the case for additional development due to failure to substantially comply with prior remand directives regarding the cause of the Veteran's peripheral neuropathy.

The Veteran's current peripheral neuropathy of the bilateral upper and lower extremities is etiologically related to his service-connected diabetes mellitus, type II. His erectile dysfunction is also related to his service-connected diabetes mellitus, type II.

The Veteran is granted a 20 percent rating for his right knee condition, effective from June 4, 2015. He remains rated at 10 percent for the painful limited range of motion and peripheral neuropathy.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is granted due to the Board finding that his additional disability was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA medical personnel during hernia surgery performed in January 2007.

The Veteran's claims for increased evaluations were denied as his conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's claims for service connection for a right ankle condition, neuropathy, and an acquired psychiatric disorder (to include PTSD) have been denied. The claim for service connection for a right foot condition remains pending as it was not adjudicated by the Board.

The Veteran's coronary artery disease is currently rated at 30 percent, and the claim for an increased evaluation remains denied.,Service connection for bilateral upper extremity peripheral neuropathy and bilateral lower extremity peripheral neuropathy has not been established as they are not related to service or herbicide exposure.,PTSD was diagnosed but not linked to service. The Veteran's current psychiatric disability is attributed to alcohol abuse, which may be considered a secondary condition.,The claim for PTSD remains denied.

The Veteran's appeals for service connection for right and left lower extremity acute peripheral neuropathies have been withdrawn.

The Veteran's claims for higher initial ratings for peripheral neuropathy of the bilateral lower extremities have been denied as there is no evidence showing that his disability has met or more nearly approximated the criteria for a rating in excess of those currently assigned.