Peripheral neuropathy decisions — 2017

The Board has determined that the Veteran's peripheral neuropathy of the lower extremities was aggravated by his service-connected major depressive disorder, and thus grants service connection for this condition from June 28, 2007 through October 2006.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of a nexus between the claimed conditions and service or service-connected disabilities.

The Board has found in favor of the Veteran's claims for service connection for a lumbar spine disability, right ankle tendonopathy and left lower extremity sciatica. However, it has found against his claims for service connection for diabetes mellitus type II and neuropathy with left arm pain.

The Board found that the Veteran's service connection for bilateral peripheral neuropathy was properly severed, and denied a higher rating for his diabetes mellitus.

The Veteran's service connection claims for type II diabetes mellitus and peripheral neuropathy are granted, with the presumption of exposure to herbicides in Vietnam being used as a basis for service connection.

The Board has remanded the case for additional development due to new service treatment records being received and because the Veteran requested a videoconference hearing.

The Veteran's skin disorder, coronary artery disease, diabetes mellitus, peripheral neuropathy of the upper and lower extremities are not service-connected as there is no evidence linking these conditions to his military service.

The Board has determined that the service-connected Hodgkin's disease residuals contributed substantially to the Veteran's death, and thus grants service connection for the cause of his death.

The Board has granted service connection for a neck disability and peripheral neuropathy, finding that the evidence is at least in equipoise that these conditions are related to service. The claim for a higher rating for coronary artery disease remains denied.

The Board denied the appellant's claims for service connection for peripheral neuropathy of the right and left lower extremities, as well as a right hip disability, all due to exposure to herbicide agents. The evidence did not establish such exposure.

The Veteran's claims for earlier effective dates for service connection for diabetes mellitus and peripheral neuropathy of the left and right lower extremities were denied. The RO assigned May 8, 2001 as the earliest possible effective date based on liberalizing legislation that allowed for presumptive service connection.,The Veteran's original claims for these conditions were received in August 2001, which is after the effective date of the liberalizing law.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 70 percent, which is high enough to warrant TDIU from September 13, 2010 to August 6, 2013. The effective date for service connection for PTSD has been set at June 9, 2010.

The Veteran's claims for increased ratings were granted, with the gastrointestinal disability receiving a 30% rating and neuropathy of the left toes (3, 4, and 5) receiving a 10% rating effective February 11, 2015. The right knee conditions received separate ratings.

The Veteran's radiculopathy of the right upper extremity is rated at 20 percent under Diagnostic Code 8510 for mild incomplete paralysis, and his TDIU claim prior to December 16, 2013 was denied.

The Veteran's head injury in service resulted in an acquired psychiatric disorder, which is now considered a compensable rating for residual scarring over the right eyebrow. The Board also granted service connection for residuals of a head injury resulting in an acquired psychiatric disorder and polyneuropathy as secondary to the head injury.

The Veteran's TDIU claim was denied as his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's claim for a higher rating for his right thumb disability was denied as the evidence did not support a 30 percent rating under Diagnostic Code 8616, which requires moderate incomplete paralysis of the affected nerve. The examiner opined that the carpal tunnel syndrome was less likely than not proximately due to his service-connected right thumb disability.

The Veteran's bilateral pes planus is currently rated at 50 percent disabling from January 27, 2017. The Board finds that the evidence supports a higher rating for his service-connected bilateral pes planus prior to this date.

The Veteran is found to be unable to obtain and maintain substantially gainful employment due to service-connected disabilities, including diabetes mellitus, type II, right below the knee amputation associated with diabetes mellitus, type II, PTSD, bilateral upper extremity peripheral neuropathy, diabetic retinopathy, right foot ulcer, impotency, and amputation of the right third toe. The Board granted a TDIU based on these service-connected disabilities.

The Veteran's service-connected conditions have been evaluated based on the criteria provided in the rating schedule. The appeal is denied as the evidence does not support a higher disability rating for any of the conditions.