Peripheral neuropathy decisions — 2017

The Board has remanded the Veteran's claim for service connection for bilateral neuropathy of the lower extremities due to its inextricability with his diabetes claim. A VA examination is required.

The Veteran's right ulnar neuropathy is rated at 30 percent from June 18, 2010 to March 19, 2012. The rating will be determined based on further evidence and regulations.

The Veteran's appeal is being remanded due to the need for a more contemporaneous VA examination of his service-connected peripheral neuropathy of the upper extremities.

The Veteran's service-connected conditions do not render her unable to secure or follow a substantially gainful occupation.

The Veteran's claim for service connection for residuals of skin cancer is denied. The Board finds that the Veteran has established entitlement to SMC-L based on loss of use of his legs due to his service-connected back disorder, knee disorders and peripheral vascular disease of the lower extremities. He also qualifies for SMC-O and SMC-R(1) based on need for aid and attendance.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically claimed as PTSD, is denied. The preponderance of the evidence does not support a finding that he has a current diagnosis of PTSD or any other diagnosable psychiatric disorder.,Service connection for a cervical spine disability and peripheral neuropathy of the bilateral upper extremities is also denied. The Veteran's current disabilities are not shown to be related to his active service.

The Veteran's lumbar degenerative disc disease, left foot neuropathy, and right lower extremity radiculopathy are service-connected. The Board granted a rating of 40 percent for the lumbar spine disability, separate ratings for the left foot and right leg conditions, and denied TDIU.

The Veteran's service-connected tibial and sciatic nerve peripheral neuropathy of the bilateral lower extremities has been granted. The right lower extremity is rated at 20 percent from August 28, 2009 until April 18, 2012, and in excess of 40 percent thereafter until October 3, 2014. The left lower extremity is rated at 20 percent prior to April 18, 2012, and in excess of 40 percent thereafter until September 13, 2016. The Veteran's loss of use of the right foot has also been granted.

The Board has determined that the Veteran's claimed conditions are not related to his active service, including exposure to toxins and contaminants. The claims for peripheral neuropathy, colon polyps, diabetes mellitus, neck tumor, abdominal hernia, bilateral inguinal hernias, and coronary artery disease have all been denied.

The Veteran's claims for increased ratings and adaptive equipment were denied. The Board found that the current disability ratings adequately reflected his service-connected conditions, but granted separate ratings for peripheral neuropathy of the right and left lower extremities.

The Board found that the Veteran does not have a diagnosed neurological condition of the legs, including peripheral neuropathy and restless leg syndrome. The evidence did not show these conditions were incurred in service or due to herbicide exposure.

The Veteran's appeal for service connection for a psychiatric disorder, to include PTSD, anxiety, depression, and mood disorder was withdrawn. The Board denied the remaining claims due to lack of evidence supporting the claimed conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to incomplete examinations and the need for additional medical guidance.

The Veteran's appeal is being remanded for additional examinations and readjudication due to new evidence of worsening symptoms.

The Board finds that the Veteran's bilateral carpal tunnel syndrome met the criteria for a 40 percent disability rating from June 18, 2009, to March 23, 2016. The evidence is in equipoise as to whether the right and left carpal tunnel syndromes were manifested by moderate incomplete paralysis of the lower radicular group during this period.

The Board has remanded the Veteran's claim for further development, including obtaining a medical opinion regarding the etiology of his peripheral neuropathy and considering whether it is related to service or Agent Orange exposure.

The Veteran's claim for service connection for peripheral neuropathy of the lower extremities has been reopened, but remains denied. Service connection was granted for chloracne (presumptive). The Veteran's lumbar disc disease and skin disability were found to be unrelated to service.

The Veteran's peripheral neuropathy of the right lower extremity is currently rated as noncompensable prior to April 3, 2017 and at 20 percent from that date. The left lower extremity peripheral neuropathy is also rated as noncompensable prior to April 3, 2017 and at 20 percent from that date.,The Veteran's symptoms do not meet the criteria for a compensable rating prior to April 3, 2017 or any higher rating after that date.

The Veteran is eligible for special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to his service-connected disabilities, specifically postoperative severe left elbow fracture with favorable ankylosis. The Board finds that he meets one of the five factors listed in 38 C.F.R. § 3.352(a), which is inability to dress or undress himself.

The Veteran's claims for diabetes mellitus type II, erectile dysfunction, neuropathy of bilateral upper extremities, and neuropathy of bilateral lower extremities were denied as there is no evidence of in-service disease or injury, continuity of symptomatology after service, or exposure to herbicides that would support a grant of service connection.