Peripheral neuropathy decisions — 2017

The Board found that the Veteran did not have service in Vietnam or along the DMZ of Korea, and thus could not be presumed to have been exposed to herbicides. The claims for service connection were denied as there was no evidence linking any claimed conditions to service.

The Board has remanded the case for additional development due to incomplete opinions and need for further examination.

The Veteran's appeal has been dismissed due to his death. No service connection decisions were made.

The Board has remanded the case for additional development, including obtaining all relevant VA and private treatment records, providing addendum opinions regarding the etiology of the Veteran's knee, shoulder, and cervical spine disabilities, and considering the combined impact of his service-connected conditions on his occupational functioning.

The Veteran's claims for increased ratings for diabetic neuropathy of the right and left hands, as well as for diabetic neuropathy of the right and left feet, were denied. The Veteran was also denied a higher rating for his PTSD.,The Veteran's service-connected conditions are rated based on their severity under the applicable diagnostic codes.

The Veteran's combined disability rating is 80 percent, which meets the criteria for a TDIU. However, the evidence does not support a finding that his service-connected disabilities render him incapable of securing or following substantially gainful employment.

The Veteran developed peripheral neuropathy of the lower extremities as a result of taking Simvastatin (Zocor) prescribed by VA, and this was not a foreseeable risk. The claim is granted.

The Board has reopened the Veteran's claim for service connection for vertigo and is considering multiple other claims, including those related to sleep apnea, Peyronie's disease, hypertension, chronic kidney disease, liver condition, COPD, peripheral neuropathy of the bilateral lower extremities, and a chronic disability related to pre-diabetes and hyperglycemia. The Veteran has not met the criteria for service connection in all cases.

The Veteran's bilateral lower extremity cold injury residuals, including PVD and peripheral neuropathy, caused significant functional impairments that precluded unassisted balance and propulsion. The award of DIC based on service connection for the cause of death provides a greater benefit than nonservice-connected death pension.,Rheumatic fever was not present at any time during the pendency of the Veteran's claim.

The Veteran's claim for an increased rating greater than 70 percent for service-connected depression has been withdrawn. The Board also granted the Veteran a total disability rating based on individual unemployability (TDIU) due to his combined disabilities preventing him from securing and maintaining gainful employment.

The combined effects of the Veteran's service-connected disabilities, including diabetes and peripheral neuropathy, produce sufficient impairment to make him unable to secure or follow a substantially gainful occupation.

The Board finds that the Veteran's lumbar spine disorder with traumatic arthritis, sciatic neuropathy, and degenerative disc disease with radiculopathy is etiologically related to his service-connected coccyx fracture residuals. As a result, the claim for service connection is granted.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities, which is claimed to be secondary to his service-connected chronic lumbar strain with spondylosis or lower extremity radiculopathy, has been remanded due to a need for additional medical opinions and records.

The Veteran's TDIU claim is being remanded for referral to the Director of Compensation Service for extraschedular consideration due to his service-connected disabilities.

The Veteran's left leg disability was rated at 30% since March 25, 2016. The right hand disability has been rated at 10% since March 25, 2016.

The Veteran's service-connected right shoulder disability and peripheral neuropathy of the right upper extremity are not granted. The claim for an initial rating greater than 10 percent for pseudofolliculitis barbae (PFB) is also denied.

The Veteran's acquired psychological disorder, including PTSD and MDD, is directly related to service.,Service connection for peripheral neuropathy is granted as secondary to the service-connected diabetes mellitus II.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for type 2 diabetes mellitus, peripheral neuropathy of the upper and lower extremities, hypertension, and impotence. The Veteran's exposure to herbicide agents during his service in Korea is presumed due to his service in a unit operating near the demilitarized zone. Service connection is granted for these conditions as they are presumed related to herbicide agent exposure.

The Veteran's appeals for service connection on the merits have been dismissed as he has withdrawn his appeals.

The Board has determined that additional development is needed to obtain VA treatment records and outstanding evidence, including the Veteran's service discharge certificate and medical records.