Peripheral neuropathy decisions — 2016

The Board has determined that the Veteran's depressive disorder is related to his service, and thus grants service connection for this condition. The heart disorder claim remains pending as it involves secondary service connection.

The Board has denied the Veteran's claims for increased ratings for ulnar neuropathy of the right upper extremity, traumatic arthritis with loose body of the right elbow, and degenerative joint disease of the right knee. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) remains pending.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically diabetes and its complications, PTSD, and hearing loss. The Board grants the TDIU claim.

The Veteran's bilateral peripheral neuropathy of both upper and lower extremities has been linked by medical professionals to his active service, specifically to herbicide exposure therein. The Board finds that the criteria for service connection have been met.

The Veteran's non-Hodgkin's lymphoma is granted service connection as a result of Agent Orange exposure during his Vietnam-era service. The other claims for diabetes, neuropathy, and ischemic heart disease are remanded due to the need for additional development.

The Veteran's service-connected disabilities, including diabetes mellitus type II with peripheral neuropathy of the lower extremities, residuals of status post right hemicolectomy secondary to bowel perforation from colonoscopy with status post ventral hernia repair and scar, tinnitus, and bilateral hearing loss, preclude him from obtaining substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has determined that the Veteran's bilateral lower and upper extremity peripheral neuropathy is not related to his military service or a service-connected disability, and therefore denied both claims.

The Veteran's claims of entitlement to service connection for bilateral wrist disorders, including carpal tunnel syndrome and left elbow disorders are granted. The Veteran also has been diagnosed with PTSD and his claim is granted on this basis. Service connection is denied for liver disorder and TBI residuals.

The Board denied the Veteran's claim for an earlier effective date for service connection of coronary artery disease, finding that the earliest date of receipt of a claim was March 9, 2010. The Board also found no evidence of a prior claim for service connection for coronary artery disease before this date.

The Veteran's service connection claims for peripheral neuropathy of the right and left feet are granted as they are considered to be due to his service-connected diabetes mellitus.

The Board finds that the Veteran's bilateral lower extremity neuropathy is associated with his exposure to Agent Orange and/or associated with his service-connected lumbar strain with degenerative disc disease. The claim of entitlement to service connection for upper extremity neuropathy is remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a new examination to assess the severity of his service-connected fungus of the feet and hands, as well as any peripheral neuropathy. The examiner will also need to provide an opinion on whether any diagnosed peripheral neuropathy is as likely as not caused by an in-service disability or exposure to herbicides.

The Board granted a rating of 40 percent for peripheral neuropathy of the lower left extremity from October 9, 2007 to April 27, 2010 and denied extraschedular ratings. The Veteran was also awarded SMC based on loss of use of his left foot and need for regular aid and attendance.

The Veteran sustained an additional disability of right femoral nerve neuropathy following a cardiac catheterization performed by VA in July 2009. The Board finds that this event was not reasonably foreseeable and that the treatment without informed consent qualifies for compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal has been withdrawn, and the Board does not have jurisdiction to review it.

The Veteran's unauthorized medical expenses incurred on November 15, 2011 were reimbursed as the treatment was rendered in a medical emergency and no VA facility was feasibly available.

The Veteran's service connection claims for cervical spine, lumbosacral spine, bilateral shoulder, upper extremity neurological disabilities (neuropathy), and lower extremity neurological disabilities have been denied as there is no evidence of chronic disability during or within one year after service separation.

The Veteran's diabetes mellitus, type II, and bilateral neuropathy of the upper and lower extremities were not incurred in or aggravated by active service. The Board finds that the preponderance of the evidence is against these claims.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected disabilities, including PTSD, peripheral neuropathy, and ischemic heart disease, have rendered him unable to secure or maintain gainful employment due to his mental health issues and physical limitations.