Peripheral neuropathy decisions — 2017

The Veteran is granted service connection for diabetes mellitus and secondary service connection for hypertension, erectile dysfunction, an eye disorder, and diabetic neuropathy all caused by his diabetes mellitus.

The Board found that the Veteran's peripheral neuropathy did not become manifest within a year of his last exposure to Agent Orange, and thus denied service connection on a presumptive basis. The Board also determined that there was insufficient evidence to establish a direct relationship between the Veteran's service and his current condition.

The Veteran's service-connected diabetic neuropathy with muscle weakness of the left upper extremity (major) as a residual of the cerebrovascular accident has been rated at 20 percent prior to March 6, 2015 and at 70 percent thereafter.

The Veteran's service-connected disabilities are sufficient to bring his combined disability rating to 90 percent, with at least one disability rated 40 percent or higher; taken together, these service-connected disabilities preclude the Veteran from maintaining gainful employment.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's bilateral peripheral neuropathy, including whether it is related to non-ionizing radiation exposure during service. The case will be remanded for further action.

The Board found that the Veteran's current disabilities of peripheral neuropathy and degenerative joint disease are not related to his service, including exposure to cold weather. The preponderance of evidence does not support a finding that these conditions arose in service or within one year thereafter.

The Board found no evidence of a chronic low back disability in service or within one year after discharge, and the preponderance of the evidence is against a finding that such disability is related to service.,VA examiners opined that type 2 diabetes mellitus and peripheral neuropathy are not caused by psychiatric disabilities.

The Board has determined that the Veteran's service connection claims for peripheral neuropathy of the right and left feet are mixed, with some issues granted (service connection established) and others not (no grant on secondary basis).

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a new VA examination to address the etiology of his claimed conditions.

The Veteran's service-connected peripheral neuropathy of the left and right upper extremities has been rated at 20 percent since June 22, 2016. The condition is currently manifested by mild incomplete paralysis.

The Board found that the Veteran's bilateral lower extremity peripheral neuropathy was not shown to be related to service or a service-connected disability, and thus denied his claim.

The Veteran's claims for service connection are being remanded due to inadequate VA examinations and the need for additional medical records.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no evidence of in-service exposure to herbicides and the condition did not manifest within one year after separation from active duty. Service connection for peripheral neuropathy, heart disability, and migraine headaches were also denied.

The Veteran's claims for hypertension and TDIU have been deferred due to the grant of combined 100% disability rating, but his diabetes mellitus with erectile dysfunction remains on appeal.

The Veteran's death did not result in any additional benefits due to the award of service connection for peripheral neuropathy, as he was already receiving a 100% disability rating and SMC at the S-1 rate. Therefore, there are no accrued benefits due.

The Veteran's appeal has been withdrawn, resulting in the dismissal of his case.

The Board has remanded the Veteran's claims due to incomplete information regarding his participation in a training exercise at Fort Irwin, California. The case will be returned for further development and readjudication.

The Board has determined that the Veteran's erectile dysfunction is at least as likely as not caused by his presumed herbicide agent exposure and secondary to his service-connected diabetes, peripheral neuropathy, and ischemic heart disease. As a result, the claim for service connection for erectile dysfunction is granted.

The Board has remanded the claims for further development to verify the Veteran's alleged exposure to herbicides in Panama and/or the Canal Zone between April 1968 and May 1969 at Fort Gulick. Additional development must be conducted in compliance with M21-1MR, Part IV, Subpart ii, Chapter 2, Section C, para. 10(n).

The Veteran's claim for Total Disability Based on Individual Unemployability (TDIU) prior to November 17, 2014 is denied as he did not meet the percentage threshold requirement for TDIU and there was no evidence that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.