Peripheral neuropathy decisions — 2017

The Veteran's claim for SMC based on aid and attendance or housebound status is being remanded due to the need for additional VA treatment records and a VA examination.

The Board denied the Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for peripheral neuropathy of the upper and lower extremities. The Veteran's bilateral hearing loss was found to be noncompensably disabling, as his pure tone thresholds did not meet the criteria for a compensable evaluation under VA's tables for rating hearing loss disabilities.

The Board has granted service connection for a right shoulder disability and right knee disability, finding that the Veteran's current conditions are related to his military service. Service connection was denied for depressive disorder, ischemic heart disease, and neuropathy.

The Veteran's hypertension is related to his service-connected PTSD and type 2 diabetes. He does not have ischemic heart disease or any other heart disorder, nor has he had right lower extremity or left lower extremity peripheral neuropathy at any point during the appeal period.

The Veteran seeks service connection for peripheral neuropathy of the bilateral lower extremities, which he contends is related to his period of service and/or proximately due to medications prescribed for a service-connected condition. The Board finds that the evidence is in equipoise as to whether the Veteran's peripheral neuropathy is related to service and/or proximately due to the Colchicine used to treat service-connected gout.

The Veteran does not have a current diagnosis of diabetes mellitus, heart disorder (ischemic heart disease), lung disorder, liver disorder, nerve disorder (peripheral neuropathy), kidney disorder, or traumatic brain injury. The Board finds that service connection for these conditions is denied.

The Veteran's service-connected disabilities did not meet the percentage requirements for a TDIU prior to March 18, 2008. The Director of Compensation Service determined that extraschedular consideration was not warranted.

The Board has determined that a VA examination is needed to address the Veteran's peripheral neuropathy claims, as there are discrepancies in the medical record regarding the presence and etiology of these conditions.

The Veteran's appeal for an increased rating for PTSD has been withdrawn by his representative. The Board also notes that additional medical records are needed to consider the Veteran's claims of increased ratings for prostate cancer, diabetes mellitus, and peripheral neuropathy.

The Veteran's appeal is being remanded due to his request for a video conference hearing. The issues on appeal include TDIU, evaluations of various service-connected disabilities, and the evaluation of specific nerve neuropathies.

The Board has determined that the Veteran's right elbow disability and peripheral neuropathy of the bilateral lower extremity are related to service, thus granting service connection for these conditions.

The Veteran's service-connected disabilities, including left shoulder disability, intervertebral disc syndrome with degenerative disc disease L5-S1, urinary frequency, peripheral neuropathy of the lower extremities, and tinnitus, do not prevent him from obtaining or maintaining substantially gainful employment. The Board finds that he is capable of full-time employment.

The Veteran is found to meet the criteria for SMC based on the need for regular aid and attendance due to service-connected disabilities, but does not meet the criteria for housebound status.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy, chronic upper respiratory infections and sleep apnea, and severe headaches. The claims are being remanded to allow for further development.

The Board has remanded the case for a hearing and additional development due to the appellant's request.

The Board found that the Veteran's sleep apnea was not incurred or aggravated by service-connected disabilities and denied his claim for service connection on a secondary basis. The derivative TDIU claim is also denied.

The Veteran's bilateral hearing loss disability, cold injuries of the lower extremities, and peripheral neuropathies have been granted service connection. The issue of an evaluation in excess of 10 percent for tinnitus has been withdrawn.

The Board has remanded the case for additional development to determine if the Veteran's service-connected disabilities render him unemployable.

The Board found that the Veteran's subjective bilateral leg pain is not a disability for VA purposes and does not have a leg disability, to include neuropathy, which had onset during active service or within one year of service discharge, or which is otherwise etiologically related to active service. The Veteran's reported symptoms from his service-connected bilateral hearing loss involving hearing loss in various contexts are contemplated by the schedular rating criteria; however, such symptomatology is indicated by the rating schedule to be a symptom of a separate mental disability, distinct from hearing impairment, for which the Veteran is not currently service connected.

The Board found that the Veteran's peripheral neuropathy of upper and lower extremities is not related to his service or a service-connected disability, including diabetes mellitus.