Peripheral neuropathy decisions — 2015

The Board has determined that the Veteran's peripheral neuropathy of the lower extremities is presumed to have been incurred as a result of exposure to herbicides, specifically Agent Orange. The claim for service connection is granted.

The Veteran's TDIU claim is granted due to his service-connected right foot disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's right knee focal neuropathy is currently rated at 10 percent, and his right knee instability and medial meniscus tear residuals are each rated at 10 percent. The Veteran has not been granted higher ratings for these conditions.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current diagnosis of cold injury residuals, including peripheral neuropathy, are related to his active service. As such, the criteria for entitlement to service connection have been met and the Veteran's claim is granted.

The Veteran's appeal is being remanded for further development, including obtaining information about his service in Korea and the 7th Ordnance Company.

The Board has determined that the Veteran's current bilateral foot neuropathy is related to service, and therefore grants service connection for this condition. The issue of service connection for a back disability and bilateral knee disabilities are referred to the AOJ for further action.

The Veteran seeks payment or reimbursement for medical expenses incurred at a non-VA hospital on June 17, 2012. The Board has determined that the case should be remanded to determine if the services provided were of such a nature that delay would have been hazardous to life or health and whether VA facilities were feasibly available.

The Board has determined that the Veteran's current left arm neuropathy is not related to service or his service-connected diabetes, and thus cannot be granted service connection.

The Board has determined that the Veteran's claimed conditions are not related to his active service, including exposure to herbicides. Service connection is denied for COPD, Upper Airway Resistance Syndrome/Sleep Apnea, breathing problems (including bronchitis and emphysema), peripheral neuropathy of upper extremities, ingrown toenails of lower extremities, GERD, and edema of lower extremities.

The Veteran's spinal stenosis with lumbosacral strain was rated at 20 percent prior to April 13, 2015 and increased to 40 percent thereafter. The Veteran also received separate ratings for neuropathy of the left and right lower extremities.

The Veteran's claims for non-small cell lung cancer, diabetes mellitus, type II, mild pedal neuropathy of the right and left lower extremities, and erectile dysfunction were all granted with effective dates set at March 20, 2008.,Earlier effective dates are denied as there is no evidence of a prior claim filed by the Veteran before March 20, 2008.

The Veteran meets the criteria for a total disability rating based on individual unemployability due to his service-connected PTSD, which is rated at 70 percent disabling. His other service-connected conditions do not meet or approximate the percentage requirements for TDIU.

The Veteran's service-connected disabilities are so severe as to preclude him from securing or following substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge.

The Board has remanded the Veteran's claims for additional development due to a lack of compliance with previous remand instructions.

The Veteran's service-connected peripheral neuropathy of the lower extremities is not manifested by moderate incomplete paralysis, and therefore, the initial ratings in excess of 10 percent for both right and left lower extremity peripheral neuropathy are denied.

The Board found no evidence to support the claim of service connection for peripheral neuropathy, including any exposure to herbicides or other toxins. The Veteran's condition was first noted 40 years after his military service and multiple VA examinations concluded that it is not related to service.

The Board has determined that the Veteran was exposed to herbicides during service, which is a basis for presumptive service connection for his claimed conditions. The claims are granted.

The Board has decided that additional development is necessary before the case can be fully adjudicated, including obtaining an opinion from a VA examiner regarding whether the Veteran's polyneuropathy was aggravated by his service-connected diabetes mellitus.

The Veteran's claims for service connection for diabetes mellitus and right leg neuropathy, both of which were diagnosed in 2005, are denied as there is no evidence of their onset during active service or within one year of separation. The Board finds that the preponderance of the evidence does not support a finding of direct service connection.