Peripheral neuropathy decisions — 2015

The Veteran's headaches have been rated as 30 percent disabling, which is the highest schedular rating available for this condition. The Veteran's peripheral neuropathy with neuritis of the right forearm remains at a 20 percent rating.

The Board denied service connection for ischemic heart disease and peripheral neuropathy of the upper extremities based on lack of exposure to herbicide agents (Agent Orange) during service. The Veteran's claims were not reopened as new and material evidence was not submitted.

The Veteran was granted service connection for alcoholic neuropathy of the left and right lower extremities on December 28, 2004. Effective from that date, she is entitled to a rating higher than 30 percent for her left external popliteal nerve condition.,She also received separate ratings for each affected nerve: 20 percent for the musculocutaneous (superficial peroneal) nerve, 30 percent for the anterior tibial (deep peroneal) nerve, and 40 percent for the internal popliteal (tibial) nerve. She is also entitled to a separate 10 percent rating for her posterior tibial nerve condition.

The Board has remanded the case due to new evidence received from a VA examiner, and the claims for service connection for peripheral neuropathy of the upper and lower extremities are now pending before the AOJ.

The Veteran has withdrawn his appeals regarding a higher initial rating for service-connected coronary artery disease prior to May 26, 2011, and service connection for hypertension, peripheral neuropathy of the bilateral lower extremities, and peripheral neuropathy of the bilateral upper extremities. As such, these issues are dismissed.

The Veteran withdrew his appeals for the issues of entitlement to an earlier effective date for the grant of service connection for left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and a rating in excess of 10 percent for diabetes mellitus.,The Veteran also withdrew his appeal concerning the issue of entitlement to a rating in excess of 70 percent for PTSD.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, as well as a new VA examination to determine the nature, extent, onset and etiology of any diagnosed cardiovascular, neurogenic bladder, dysautonomia with orthostatic intolerance, peripheral neuropathy, hypogonadism, osteopenia, and/or chronic anemia, leukopenia, and elevated CK disabilities. The Veteran's claim for a higher initial evaluation for PTSD is also being remanded.

The Veteran requested withdrawal of all issues on appeal due to satisfaction with her current 100 percent combined disability rating.

The Veteran is granted service connection for diabetes mellitus, type II, with diabetic neuropathy of the bilateral hands and feet, essential hypertension, and peripheral vascular disease, as due to in-service herbicide exposure.

The Veteran's bilateral hearing loss was granted service connection. The appeals for hypertension, peripheral neuropathy of bilateral upper extremities, and sleep apnea were withdrawn prior to the Board making a decision.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and arranging for addendum opinions regarding the etiology of his psychiatric and left knee disabilities.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and peripheral neuropathy of the lower extremities. The evidence does not support a finding that these conditions are related to his military service.

The Board has determined that the Veteran does not have evidence of exposure to herbicides or asbestos during service, and there is no competent medical evidence linking his current respiratory disorder (COPD) or peripheral neuropathy to service. As such, service connection for these conditions cannot be granted.

The Veteran's service-connected diabetic neuropathy of the right lower extremity was rated at 10 percent prior to April 11, 2014. The Board found that a higher rating is not warranted based on the evidence.

The Veteran's service-connected disabilities have consistently precluded him from securing and following a substantially gainful occupation since February 2000, with the exception of a brief period in June 2010 to May 2012 when he was employed.

The Veteran's claims for service connection were denied as the evidence did not establish a link between his current disabilities and his military service.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Board found that the Veteran's peripheral neuropathy of the right upper extremity and lower extremities did not manifest within one year after discharge from active service, and is not causally or etiologically related to his military service, including herbicide exposure.

The Veteran's claim for an effective date prior to July 20, 2009 for service connection of acquired psychiatric disorder is denied. The Board finds that the evidence does not support a finding that VA should have broadly interpreted her PTSD claim.,The Veteran's neuropathy of the lower extremities warrants a rating of 20 percent based on moderate incomplete paralysis in both legs.,For the low back disorder, the Veteran's symptoms warrant an evaluation of 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that the evidence does not support a finding of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the Veteran's service-connected right foot peripheral neuropathy results in loss of use of his right foot, and therefore grants special monthly compensation (SMC) under 38 U.S.C.A. § 1114(k).