Peripheral neuropathy decisions — 2017

The Veteran's appeals for higher initial disability ratings for service-connected peripheral neuropathy of the bilateral lower extremities have been dismissed due to withdrawal by the Veteran's representative.

The Veteran's right lower extremity diabetic peripheral neuropathy is currently rated at 60 percent, effective April 2, 2015. The Board finds that a higher rating is not warranted prior to this date.

The Board has remanded the case for additional development due to outstanding VA treatment records.

The Board dismissed the appeal due to the death of the appellant.

The Board finds that the Veteran does not have a current diagnosis of peripheral neuropathy in his bilateral upper and lower extremities, and there is no evidence linking these conditions to service or any service-connected disability. The Veteran's statements regarding continuity of symptoms since service are deemed less credible given the lack of medical documentation supporting such claims.

The Board has remanded the case for additional development due to the lack of service treatment records and to determine if the Veteran's current foot conditions are related to his military service.

The Veteran's claim for increased ratings for diabetic neuropathy of the right upper extremity and bilateral lower extremities has been denied as the current assigned ratings adequately compensate him for average impairment in earning capacity due to his service-connected disabilities.

The Veteran's peripheral neuropathy of the right lower extremity was not caused by or aggravated by his military service, including exposure to herbicides.

The Veteran's claims for service connection have been dismissed due to the withdrawal of his attorney.,The Veteran's attorney withdrew from representation and thus, all appeals are dismissed.

The Veteran's appeal for increased ratings for diabetes mellitus and peripheral neuropathy of the bilateral upper and lower extremities was dismissed. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Veteran's TDIU claim has been granted, and his appeals for higher ratings for right radial fracture residuals and right radial neuropathy have been withdrawn.

The Veteran's appeal is being remanded for additional development, including a file review by an appropriate specialist to evaluate the functional impact of his service-connected disabilities on his ability to function in an occupational setting. The case will be returned to the Board only if a timely substantive appeal is filed.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected bilateral neuropathy of the oculomotor nerve.

The Board denied the Veteran's claim for service connection for bilateral peripheral neuropathy of the lower extremities, finding that it did not manifest within one year of his last exposure to herbicide agents or within one year of his last period of active service.

The Veteran's combined disability rating of 70 percent, including his service-connected diabetes mellitus and diabetic retinopathy, met the schedular criteria for a TDIU effective February 11, 2004. The issue is now moot as of April 20, 2016 when the Veteran's combined disability rating reached 100 percent.

The Board has determined that the Veteran was exposed to herbicide agents during his service in Vietnam, and therefore diabetes mellitus with complications is presumed. The claim for service connection is granted.

The Board has determined that the Veteran's bilateral peripheral neuropathy of the upper and lower extremities is likely due to his presumed exposure to herbicide agents, specifically Agent Orange. As a result, service connection for these conditions is granted.

The Veteran's claims for service connection for diverticulitis and peripheral neuropathy are being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations.

The Board has granted service connection for cervical myelopathy status post cervical disc decompression surgery, finding that it is at least as likely as not caused by the Veteran's service-connected diabetes mellitus complications and a July 2004 fall. The claim of reopening the hypertension claim was withdrawn.