Peripheral neuropathy decisions — 2016

The Veteran is found to be unemployable due to his service-connected disabilities prior to June 16, 2009, and the Board grants TDIU effective from June 30, 2003.

The Board denied the Veteran's claim for separate compensable evaluations for residuals of diabetes mellitus (DM) as there was no factually ascertainable increase in severity within one year prior to his March 4, 2012 informal claim. The effective date for the grant of service connection and separate ratings is therefore not earlier than March 4, 2012.

The Veteran's tinnitus, hearing loss, and bilateral upper extremity sensory polyneuropathy are all found to be related to service. The claims for these conditions have been granted.

The Board has determined that the Veteran's current peripheral neuropathy of the bilateral lower extremities is presumed to have been incurred in active service due to exposure to Agent Orange while serving in Vietnam.

The Board denied the Veteran's claim for an earlier effective date for SMC based on Housebound criteria, but found that he was entitled to SMC at the housebound rate from February 25, 2004, to March 31, 2004, and March 21, 2007, to April 30, 2007.

The Veteran's claims for service connection for diabetes mellitus, lower extremity neuropathy, diabetic retinopathy, and tinnitus have been granted. The conditions are found to be related to his active duty service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA and private medical records, as well as considering his service treatment records from Womack Army Medical Center.

The Veteran seeks compensation for peripheral neuropathy of the bilateral lower extremities due to VA treatment. The case is being remanded for further development and an addendum opinion from a medical examiner.

The Veteran's claims for increased ratings and service connection were denied due to failure to report for VA examinations.

The Veteran's claims for service connection were denied across multiple conditions, including PTSD, alcohol abuse, GERD, diverticulosis/diverticulitis, sleep apnea, erectile dysfunction, and peripheral neuropathy. The Board found no evidence of a nexus between these conditions and active service or any service-connected disabilities.

The Veteran's tinnitus was found to have onset in service and is granted service connection.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for diabetes was not granted, chronic otitis externa did not warrant a compensable rating, the lumbar spine disability received an increased rating but remained at 20 percent, cervical spine disorder, bilateral hip disorder, knee disorder, ankle disorder, kidney disorder (hypertension), heart disorder (hypertension), erectile dysfunction, and peripheral neuropathy of both upper and lower extremities were not granted service connection. The Veteran's diabetes was rated as 20 percent disabling.

The Veteran's right and left lower extremity peripheral neuropathy were rated at 10 percent prior to July 27, 2011, and January 16, 2014 respectively.

The Veteran's claims for increased ratings and TDIU are being remanded to allow for extraschedular consideration of his service-connected right wrist disability, right upper extremity neuropathy, and the combined impact of all disabilities. The case will be returned to the Board after further development.

The Veteran is entitled to a TDIU from March 1, 2009 to October 24, 2010 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board denied the Veteran's appeal for a change in his vocational rehabilitation training program from actor to pharmacist due to the significant physical limitations caused by his service-connected disabilities, and the Veteran's refusal to pursue the goal of economics.

The Veteran's right shoulder disability was rated at 50 percent prior to September 22, 2011.,From September 22, 2012, through January 7, 2014, and from March 1, 2015, through March 15, 2016, the Veteran was rated at 60 percent for his right shoulder disability following total shoulder replacement.,Since March 16, 2016, the Veteran's right shoulder disability has been rated at 90 percent.

The Veteran's claims for higher ratings on his service-connected disabilities, including left arm brachial plexopathy, hypothyroidism, and erectile dysfunction, were denied. The appeal is not about service connection at all.

The Board has determined that there is reasonable doubt in favor of the Appellant, and service-connected radiculitis contributed substantially or materially to the Veteran's death. Therefore, the claim for service connection for the cause of the Veteran's death is granted.