Peripheral neuropathy decisions — 2017

The Veteran's service connected disabilities, primarily his PTSD and diabetic peripheral neuropathy, preclude him from securing or following a substantially gainful occupation.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings for diabetes mellitus and peripheral neuropathy were denied. The Board found that the evidence did not support a higher rating prior to June 17, 2013.

The Board found that the reduction in SMC rating from 38 U.S.C.A. § 1114(l) plus two at 38 U.S.C.A. § 1114(k) to 38 U.S.C.A. § 1114(l) plus one at 38 U.S.C.A. § 1114(k) was proper based on clear and unmistakable error in the September 2008 rating decision.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for type II diabetes mellitus. The Veteran's CAD, type II diabetes mellitus, diabetic retinopathy, bilateral upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy are all found to be related to his in-service herbicide exposure.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities as secondary to service-connected diabetes mellitus type II. The issue of an initial compensable rating for bilateral hearing loss is remanded.

The Veteran's use of assistive devices to ambulate is due to a combination of service-connected and nonservice-connected disabilities, not solely from his service-connected conditions. Therefore, he does not meet the criteria for specially adapted housing.

The Veteran's left and right knee disabilities, including Osgood-Schlatter's disease of the knees and bilateral peripheral neuropathy of the lower extremities, are service-connected. The Veteran is granted a separate 10 percent rating for limited flexion in both knees since June 22, 2016.

The Veteran's appeal is being remanded for scheduling a Board videoconference hearing. The issues of service connection, PTSD rating, and left foot dysesthetic mononeuropathy remain on appeal.

The Veteran's claim for a rating in excess of 20 percent for residuals of a shell fragment wound of the right arm with brachial plexus and residual right median neuropathy is denied. The Board finds that his disability does not meet or approximate the criteria for a higher rating.

The Board has granted service connection for bilateral peripheral neuropathy of the lower extremities, attributing it to presumed exposure to Agent Orange during active duty.

The Board has ordered a remand for additional examination and development due to the need for updated medical records and clarification of service connection issues.

The Board has granted service connection for coronary artery disease, diabetes mellitus type II, hypertension, and bilateral upper and lower extremity peripheral neuropathy on a presumptive basis due to exposure to herbicides. Service connection is also granted for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as secondary to service-connected diabetes mellitus.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran has been granted service connection for diabetes mellitus type II, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and erectile dysfunction.,For the initial rating periods of pseudofolliculitis barbae (April 22, 2011 to present) and hemorrhoids (April 22, 2011 to December 22, 2015; and from December 22, 2015), the Veteran's disabilities have been rated as appropriate based on their severity.

The Veteran's optic neuropathy was manifested by corrected distance central visual acuity that, at its worst, was 20/100 in the right eye and 20/40 in the left eye. The criteria for an evaluation greater than 10 percent were not met.

The Veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, and the Board finds that he meets the threshold schedular requirements for TDIU.

The Board finds that the VA examiner's opinion is inadequate and requests an addendum opinion to address whether the Veteran's peripheral neuropathy is directly related to herbicide exposure, as well as clarify her conclusions about a causal relationship between diabetes mellitus and peripheral neuropathy.

The Veteran's appeal has been withdrawn by the appellant prior to the Board issuing a decision.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment as of September 2, 2011. Prior to that date, the criteria for a schedular TDIU were not met.