Peripheral neuropathy decisions — 2017

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected peripheral neuropathy, and thus grants service connection for sleep apnea as secondary to service-connected peripheral neuropathy.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and peripheral neuropathy of both lower and upper extremities, rendered him unable to secure or follow a substantially gainful occupation prior to February 22, 2010. However, the combined rating for these conditions does not meet the criteria for SMC under 38 U.S.C.A. § 1114 (s).

The Veteran's diabetes mellitus type II, bilateral peripheral neuropathy of the lower extremities, and carpal tunnel syndrome are currently rated at their maximum levels.,The Veteran's service-connected disabilities do not meet or approximate criteria for higher ratings.

The Veteran's diabetes is related to his military service, and the other conditions are secondary to this disability. The case must be remanded for a VA examination to determine the nature of the Veteran's diabetes and its relationship to his service.

The Board has granted service connection for bilateral carpal tunnel syndrome and left foot metatarsalgia secondary to service-connected diabetes. Service connection for peripheral vascular disorder and diabetic retinopathy is denied as there is no evidence of these conditions during the appeal period.

The Board has determined that the Veteran does not have a current diagnosis of left knee neuropathy and therefore, service connection for this condition is denied.

The Veteran's bilateral lower extremity neuropathy has been rated at 40 percent since August 27, 2015.,Effective July 3, 2008, the Veteran was previously rated at 10 percent for each leg.

The Veteran's claims for service connection for a back disability, head injury, slow-healing wounds, alcoholism, and peripheral neuropathy of the upper extremities have been denied as there is no evidence showing these conditions were incurred or aggravated by his active military service.,Service records do not show any complaints, treatment, or diagnoses related to these conditions during his period of service. The Veteran's current conditions are not shown to be due to or aggravated by a service-connected disability.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, have met the percentage requirements for a schedular TDIU since March 16, 2009. Competent evidence indicates that these conditions prevent him from obtaining and retaining substantially gainful employment consistent with his educational background and work experience.

The Veteran's appeal was denied as the Board found that the evidence did not meet the criteria for higher initial ratings or a TDIU.

The Veteran's claims for service connection and effective dates have been decided. The grant of CAD, TDIU, and DEA benefits are upheld with the effective dates set at November 9, 1999. However, the reduction in rating for left lower extremity neuropathy is found to be proper.

The Veteran's appeal for initial evaluations and ratings on multiple conditions has been dismissed as the claims have all been withdrawn. The TDIU claim is denied as it does not meet the criteria for an effective date prior to September 21, 2010.

The Board has determined that the Veteran's peripheral neuropathy of the upper and lower extremities is as least as likely as not caused by his service-connected diabetes, thus granting service connection on a secondary basis.

The Veteran's appeal is being remanded for additional development and readjudication, including obtaining VA treatment records and scheduling examinations to assess the severity of his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining a supplemental VA medical opinion and scheduling an appropriate VA examination to assess the current nature and severity of the cervical spine disability.

The Board dismissed the motion for revision of a decision based on CUE due to insufficient allegations and failure to comply with requirements.

The Veteran's peripheral neuropathy of the left upper extremity is currently rated at 20 percent, but no higher. The evidence is approximately evenly balanced as to whether his condition more nearly approximated moderate incomplete paralysis; however, it did not more nearly approximate severe incomplete paralysis.,The Veteran's peripheral neuropathy of the right lower and left lower extremities are both currently rated at 20 percent, but no higher. The evidence is approximately evenly balanced as to whether his conditions more nearly approximated moderate incomplete paralysis; however, they did not more nearly approximate severe incomplete paralysis.

The Board found that hepatitis C with peripheral neuropathy was not due to disease or injury incurred in or aggravated by active service.

The Veteran's left shoulder disability is currently rated as 20 percent disabling, effective May 2, 2016. The Board finds that the evidence does not support a higher rating for any period prior to May 2, 2016, and since then, it does not meet the criteria for a rating in excess of 20 percent.

The Board granted increased ratings for peripheral neuropathy of the left and right lower extremities, assigning a 60 percent disability rating effective from July 8, 2013.