Peripheral neuropathy decisions — 2017

The Board has determined that the Veteran's left thumb laceration and resulting distal sensory neuropathy were caused by VA negligence, warranting compensation under 38 U.S.C.A. § 1151. Additionally, the Board found that his service-connected disabilities and other conditions prevent him from obtaining and maintaining employment, granting TDIU.

The Veteran's right upper extremity sensory neuropathy has been rated as 20 percent disabling since October 29, 2008. Since October 15, 2014, the rating for this condition has been increased to 40 percent.

The Veteran's service-connected diabetes mellitus, erectile dysfunction, and peripheral neuropathy of the upper and lower extremities have been granted increased ratings. The hypertension has also been found to be related to herbicide exposure.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration records. The claims of service connection will be readjudicated after the additional development.

The Veteran's left eye disability has been manifested by correctable diplopia, with average concentric contraction of field vision of 37 and 38 degrees in the left eye. The effective corrected distant visual acuity is 20/50 at worst in the left eye with normal visual acuity of 20/40 or better in the right eye. As such, a rating in excess of 10 percent is not warranted.

The Board has determined that the Veteran's bilateral foot disability, including Charcot-Marie-Tooth (CMT) neuropathy with pes cavus, pre-existed service and was aggravated by in-service physical overexertion. However, as the increase in symptoms during service is considered to be due to the natural progression of the condition, service connection for this disability is denied.

The Veteran's service-connected disabilities are of such severity prior to October 30, 2015 that they preclude substantially gainful employment.

The Veteran has withdrawn all issues on appeal, including the issue of entitlement to a TDIU. As such, the Board dismisses the appeal for a TDIU.

The Veteran's lower extremity neurological condition is not found to be caused or aggravated by his service-connected back disability. His bilateral knee disabilities are adequately rated under the schedular criteria, and he does not meet the requirements for special monthly compensation based on need for regular aid and attendance or being housebound.

The Board found that the Veteran's erectile dysfunction is not proximately due to or aggravated by his service-connected diabetes mellitus. The claim for peripheral neuropathy of the lower extremities was also denied as there is no evidence linking it to his service-connected diabetes mellitus. The increased rating claim for dislocation, left hip with chip fracture and traumatic arthritis remains pending.

The Veteran's service-connected diabetes mellitus, carpal tunnel syndrome and peripheral neuropathy of the upper extremities do not meet or nearly approximate the criteria for a rating in excess of 20 percent. The Veteran does not have functional impairment to the extent necessary to warrant a separate compensable rating for erectile dysfunction and peripheral neuropathy of the groin.

The Board has determined that the Veteran's peripheral neuropathy does not meet or approximate criteria for a higher rating, and thus denied his claims.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by active service and did not have a direct relationship to any service-connected disability.

The Veteran's service-connected disabilities now meet the schedular criteria for a TDIU, and his claim is granted.

The Veteran's service-connected disabilities cause the need for aid and attendance, which has been granted.

The Veteran's peripheral neuropathy of the left and right lower extremities has been rated at 40 percent since August 22, 2011. The disability is characterized as moderate to moderately severe incomplete paralysis.

The Veteran's service-connected left lower extremity peripheral neuropathy is manifested by moderate intermittent pain; moderate numbness; mild incomplete paralysis of the left musculocutaneous nerve; and moderate incomplete paralysis of the external cutaneous nerve of the left thigh. The criteria for a disability rating in excess of 10 percent have not been met.

The Veteran's claims for service connection are being remanded as the Board finds that additional development is needed to determine the likely dates of onset and etiologies of his diagnosed disabilities.

The Board has determined that the Veteran's service-connected loss of use of the left hand results in needing aid and attendance, thus granting special monthly compensation based on this need.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities is being remanded due to the need for a new VA examination and opinion regarding the etiology of his condition, including its relationship to herbicide exposure and/or secondary to his service-connected CAD.