Peripheral neuropathy decisions — 2017

The Veteran's service connection for residuals of an August 2008 motor vehicle accident (MVA) as secondary to medications was granted. However, the initial disability ratings for peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity were all denied.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his bilateral lower extremity peripheral neuropathy, and for readjudication of his increased disability rating claims.

The Veteran's service-connected disabilities, including PTSD, bilateral lower extremity peripheral neuropathy, and hearing loss, do not prevent him from securing and maintaining substantially gainful employment prior to June 29, 2016.

The Board has determined that the Veteran's bilateral upper and lower extremity peripheral neuropathy, diagnosed as polyneuropathy, is related to his service exposure to herbicides, specifically Agent Orange. As a result, the claim for service connection is granted.

The Board has remanded the case due to the need for additional medical records and a supplemental opinion from the VA examiner.

The case is being remanded for additional development to determine the current severity of the Veteran's service-connected degenerative disc disease of the lumbar spine and any associated neurological impairments, as well as to obtain outstanding medical records. The Veteran may be granted a higher disability rating or TDIU if his condition warrants it.

The Veteran's service-connected disabilities do not render him permanently bedridden or so helpless as to be in need of regular A&A, and he does not have a single service-connected disability rated at 100 percent disabling. The Board finds that the preponderance of the evidence is against his claims for SMC based on the need for A&A or housebound status.

The Veteran's right lower extremity radiculopathy is found to be proximately due to her service-connected low back disability. The left leg radiculopathy is rated at 10 percent, the maximum under Diagnostic Code 8520.

The Board found that the Veteran had in-country service in Vietnam, presumptively exposing him to herbicides. As a result, he is granted service connection for diabetes mellitus and peripheral neuropathy of the lower extremities as secondary to his service-connected diabetes mellitus.

The Veteran met the schedular criteria for a TDIU as of May 18, 2009, and his service-connected disabilities precluded him from securing or following a substantially gainful occupation.

The Veteran's sciatic neuropathy of the right lower extremity is currently rated as 10 percent disabling. The Board found that a higher rating in excess of 10 percent was not warranted. For his depressive disorder and mechanical low back pain, he is entitled to an initial disability rating of 50 percent.

The Board has remanded the case for further development, including obtaining a VA medical opinion regarding the Veteran's service-connected bilateral lower extremity disabilities and their impact on his ability to use his legs with prosthetics.

The Board has determined that service connection is warranted for a low back disorder, including degenerative disc disease of the lumbar spine, and peripheral neuropathy of the lower extremities as secondary to the low back disorder.

The Board denied service connection for lower extremity peripheral neuropathy as the Veteran does not currently have a diagnosis of this condition and there is no evidence linking it to his active duty service.

The Veteran's appeal is being remanded for additional development to clarify the nature and severity of his service-connected bilateral flatfoot disability, as well as any non-service connected conditions that may be contributing to his symptoms.

The Veteran's claim for service connection for bilateral hearing loss was denied as he did not meet the criteria for a current disability. The TDIU claim was granted based on his combined schedular rating of 70% due to multiple disabilities, including diabetes mellitus and peripheral neuropathy.

The Board has determined that the Veteran was exposed to herbicides during service in Thailand, and therefore, diabetes mellitus and peripheral neuropathy are presumed to have been incurred due to such exposure. The claims for prostate cancer, erectile dysfunction, and an increased rating for a left ankle disability are being remanded.

The Board has remanded the case for additional development to determine if the Veteran's hypertension and peripheral neuropathy are related to service, including herbicide exposure.

The Board finds that the Veteran developed peripheral neuropathy of the lower extremities as a result of his active service, including exposure to Agent Orange during his time in Vietnam. As such, the claim for service connection is granted.

The Board has determined that the Veteran did not have service in Vietnam and was not exposed to herbicide agents. The claims for heart disease, diabetes mellitus type II, nephropathy associated with diabetes mellitus type II, hypertension, peripheral neuropathy of the lower extremities, and bilateral upper extremities were denied as they are not related to service.