Peripheral neuropathy decisions — 2015

The Board has determined that the Veteran's PTSD, bilateral hearing loss, and bilateral polyneuropathy of the upper and lower extremities are related to his service in Vietnam. The claims for these conditions have been granted.

The Board found that the July 2009 rating decision did not contain clear and unmistakable error, as the correct facts were known at the time and the RO applied the relevant laws correctly.

The Veteran's service-connected disabilities, including eczema, anxiety disorder, diabetes mellitus, peripheral vascular disease of the lower extremities (left and right), peripheral neuropathy of the left lower extremity, and peripheral neuropathy of the right lower extremity, are found to be disabling enough to prevent him from securing or following a substantially gainful occupation. As such, he is granted a TDIU.

The Veteran's right shoulder disability, prior to September 21, 2011, was rated at 50 percent.,From September 21, 2011 to September 21, 2012, the Veteran's right shoulder disability received a 100 percent rating due to his right shoulder replacement.

The Veteran's claimed bilateral upper and lower extremity peripheral neuropathy disabilities are not service-connected due to lack of in-service onset or continuity, and the Board finds no evidence that these conditions were caused by herbicide exposure.

The Board has remanded the case due to a failure to afford the Veteran a hearing, and the appeal is now pending before the RO for further action.

The Veteran incurred an additional disability of right radial neuropathy as a result of VA treatment during the September 27, 2010 lumbar spine surgery. The Board finds that this was proximately caused by VA treatment and grants compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's bilateral lower extremity neuropathy is related to his service, including exposure to Agent Orange in Vietnam. As a result, the claim for service connection is granted.

The Veteran's claims for increased ratings and service connection were denied. The claim for a compensable evaluation for bilateral hearing loss disability was not granted, as the evidence did not meet the criteria for a higher rating. The claim for an initial evaluation in excess of 10 percent for tinnitus was also denied due to the maximum schedular rating already assigned.

The Veteran's claims for service connection for peripheral neuropathy of the upper and lower extremities are being remanded due to inadequate medical opinions, unavailability of SSA records, and need for updated VA treatment records.

The Veteran's hypertension claim is remanded for additional development, and his claims for increased ratings and TDIU are also remanded due to the need for further examination and development of records. The case will be readjudicated after all development.

The Veteran's PTSD is currently rated at 30 percent disabling, effective July 15, 2011. The condition has caused occupational and social impairment with an occasional decrease in work efficiency and intermittent periods of inability to perform tasks.

The Board has granted service connection for peripheral neuropathy and a skin condition, including dermatitis, eczema, and psoriasis, due to in-service herbicide exposure. Service connection for hypertension is dismissed.

The Veteran's appeal is being remanded to obtain updated VA and private treatment records, schedule the Veteran for a VA examination regarding his upper extremity neuropathy, and determine if he has service connection for intraforaminal disc herniation.

The Board has remanded the case for additional development due to inadequate compliance with previous remand directives and an incomplete medical opinion.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and providing the Veteran with a VA examination to determine the nature and etiology of his claimed conditions.

The Board has determined that service connection is granted for peripheral neuropathy in both the right and left lower extremities, as it is at least as likely as not caused by or aggravated by the Veteran's service-connected thoracolumbar spine disability.

The Board found that the Veteran's peripheral neuropathy of the lower extremities was not incurred in or aggravated by service, and did not find a nexus between his current diagnosis and service, including herbicide exposure. The claim for service connection is denied.

The Veteran's prostate cancer rating was reduced from 100% to 40%, and his erectile dysfunction claim was denied. The discontinuance of SMC at the housebound rate was deemed proper, but new evidence did not reopen claims for peripheral neuropathy or aortic valve replacement.

The Board has determined that the Veteran's bilateral lower extremity disability, including idiopathic peripheral neuropathy and restless leg syndrome, is related to presumed in-service herbicide exposure (Agent Orange).