Peripheral neuropathy decisions — 2015

The Veteran's appeal is being remanded for additional development to determine if her service-connected disabilities prevent her from securing or maintaining all forms of substantially gainful employment.

The Veteran's TDIU claim for the period from May 10, 2011 is granted. The Board finds that his service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities do not prevent him from maintaining substantially gainful employment, as the VA examinations and Social Security Administration records indicate he is capable of performing sedentary work.

The Veteran's claim for service connection for chronic peripheral neuropathy, to include as due to exposure to Agent Orange, was granted.

The Veteran's diabetes mellitus and coronary artery disease are presumed to be due to herbicide exposure in Vietnam. Service connection is granted for these conditions. The Veteran does not have early onset peripheral neuropathy, so service connection cannot be established on a presumptive basis. However, the Board finds that there is no evidence of unremitting symptoms since separation from active duty and thus denies service connection for peripheral neuropathy.

The Board finds that the Veteran does not have diagnosed peripheral neuropathy of either upper extremity and therefore, service connection for this condition is denied.

The Veteran withdrew his appeal for the issues of entitlement to service connection for peripheral neuropathy of the upper and lower extremities.

The Veteran's claim for an initial disability rating in excess of 40 percent for left lower extremity sciatic neuropathy since May 29, 2012 was denied as there is no evidence of severe incomplete paralysis with marked muscular atrophy or complete paralysis.

The Board has determined that the Veteran's hypertension is not caused or aggravated by his service-connected type 2 diabetes mellitus, and thus denied the claim for service connection.

The Board has determined that the appellant does not meet the criteria for increased DIC based on the need for regular aid and attendance of another person or at the housebound rate due to her ability to care for herself and protect herself from daily hazards.

The Board has remanded the Veteran's case to schedule a videoconference hearing at the VA RO in Muskogee, Oklahoma. The Veteran failed to appear for his scheduled July 16, 2014 hearing due to transportation issues.

The Board has remanded the case due to an administrative error in scheduling a hearing before the Board. The Veteran's request for a hearing is still pending and needs to be rescheduled.

The Veteran's claim for an increased evaluation for his lumbar spine disorder with spondylosis and bilateral peripheral neuropathy is being remanded due to the need for a new VA examination.

The Board has reopened the claims for service connection for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and a heart condition based on new evidence. However, as there is no confirmed exposure to herbicides or other Agent Orange-like agents during service, and no in-service symptoms or diagnoses related to these conditions, the Board finds that service connection cannot be granted.

The Board has determined that the evidence received since the July 2010 rating decision does not meet the threshold burden of being new and material to reopen the claim for service connection for bilateral feet peripheral neuropathy.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, peripheral neuropathy, and hearing loss, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's tinnitus is granted as service-connected, and the TDIU claim remains pending.

The Veteran's diabetes mellitus, coronary artery disease, glaucoma, retinopathy, and neuropathy have resulted in a combined 100% disability rating. The Board has granted a 60% rating for diabetes mellitus and TDIU based on the service-connected disabilities preventing him from engaging in substantially gainful employment.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining any outstanding VA treatment records. The Veteran's claim for an increased initial evaluation for sensory neuropathy of the right lower extremity will be reconsidered after these actions.

The Board has granted service connection for diabetes mellitus type II with complications of diabetic peripheral neuropathy and diabetic retinopathy, which constitutes a full grant of the benefit sought on appeal. The issues of service connection for a neck disorder and higher disability ratings for PTSD and gastroparesis and GERD are being remanded.