Peripheral neuropathy decisions — 2017

The Veteran's right and left upper extremity axonal polyneuropathy are associated with his exposure to Agent Orange while serving in the Republic of Vietnam, and service connection is granted.

The Veteran's lumbar spine disability is rated at 40 percent, and he has met the schedular criteria for a TDIU as of August 1, 2010.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding his exposure to herbicides and verification of his reported duties in Vietnam.

The Veteran's service-connected conditions, including his migraine headaches and heat injury residuals, have been granted. He is now rated at 70% for the latter condition.

The Veteran's claims for extraschedular ratings for peripheral neuropathy of the right and left lower extremities are being remanded due to a lack of a hearing before a Veterans Law Judge.

The Veteran's claims for service connection are being remanded to obtain a VA examination and additional development of the record.

The Board has remanded the case due to inadequate reasons and bases provided by the Board in its denial. Specifically, the JMR noted that a record mentioned in the hearing was not obtained, and the VA examination did not have an adequate opinion regarding secondary service connection.

The Board has determined that additional development is needed and the case is being remanded to the AOJ for further action.

The Board denied service connection for bilateral peripheral neuropathy of the lower extremities, finding that there was no evidence showing the condition manifested within a year after herbicide exposure and considering alcohol use as a significant risk factor.

The Veteran's claim for an annual clothing allowance has been denied due to the VAMC's determination that his back brace, power wheelchair, walker, and exercise bike do not qualify as items for which a clothing allowance can be approved. The case is being remanded to determine if any of the assistive or prosthetic devices used by the Veteran are related to service-connected disabilities.

The Veteran's claim of entitlement to a total disability evaluation based on individual unemployability as a result of service-connected disabilities was denied due to his failure to report for a necessary VA examination.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal of all issues on this appeal.

The Veteran's claim for an initial compensable rating for recurrent tension headaches has been granted, and he is now receiving a 30 percent disability rating. His TDIU claim has also been granted.

The Veteran's claim for TDIU is being remanded due to the need for further development, including scheduling an examination and obtaining VA treatment records.

The Veteran's peripheral neuropathy of the feet has been granted service connection. For PTSD with depressive disorder, a rating in excess of 50 percent prior to September 8, 2011, and 70 percent thereafter is denied.

The Veteran's lumbar spine disability is rated at 40% effective November 14, 2014. His neuropathy of the right and left lower extremities are each rated at 20%. The ratings were granted as they meet the criteria for these disabilities under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for higher ratings for peripheral neuropathy of the lower extremities and hearing loss have been denied. The Veteran's upper and lower extremity conditions are rated as mild to moderate incomplete paralysis, while his bilateral hearing loss is not compensable.

The Board has granted service connection for lung cancer, a collapsed lung, and neuropathy of the left upper extremity and bilateral lower extremities as secondary to asbestos exposure. Service connection was denied for respiratory disorder (including COPD and emphysema) and neuropathy of the right lower extremity.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his education and occupational experiences.

The Board has remanded the Veteran's claims due to inadequate opinions regarding the etiology of his lipoma, hypertension, and peripheral neuropathy. The case will be returned for further development.