Peripheral neuropathy decisions — 2018

The Board has granted service connection for diabetes mellitus and ischemic heart disease, both presumed to be due to herbicide exposure. The claims for peripheral neuropathy of the lower extremities and erectile dysfunction as secondary to diabetes are also granted.

The Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities prior to October 14, 2015.

The Board found it not factually ascertainable that the Veteran had loss of use of both lower extremities prior to June 30, 2015, which is required for SMC at the R-1 rate.

The Board has remanded the case for extraschedular consideration of the Veteran's right ulnar neuropathy, and to determine whether a separate rating is warranted for his tremor.

The Board denied the Veteran's claims for higher ratings for his sciatic neuropathy with lumbar spondylosis and spondylolisthesis, finding that the evidence did not support a rating higher than 40 percent. The claim for increased rating for left lower extremity radiculopathy was remanded.

The Board has granted a higher rate of SMC as contemplated by 38 U.S.C. § 1114(o) and (r)(1), effective from the date of receipt of evidence, March 21, 2018.

The Board has remanded two issues: entitlement to service connection for peripheral neuropathy of the left and right lower extremities due to inadequate VA examination. The Veteran's claims are pending further development.

The Board has decided that the Veteran's claim for service connection for peripheral neuropathy of the left and right lower extremities, including as secondary to herbicide agents exposure, requires additional development.

The Board has granted service connection for bilateral hearing loss and denied the remaining claims. The Veteran's current bilateral hearing loss is found to be related to his in-service noise exposure, with the evidence being in equipoise.

The Veteran's claim for a rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction was denied. The claim for TDIU before August 1, 2008, was also denied.

The case is being remanded for additional development, including obtaining Social Security Administration records and scheduling the Veteran for VA examinations to address his claimed conditions.

The Veteran's peripheral neuropathy of the bilateral upper extremities is found to be caused by his service-connected diabetes mellitus, and thus granted as secondary service connection.

The Board has denied the Veteran's claims of service connection for migraine headaches, peripheral neuropathy of the bilateral lower extremities, and GERD, each including as due to service-connected right knee arthritis. The Veteran did not experience any current disability related to these conditions that could be attributed to active service or any incident of service.

The Veteran's use of his VA-issued bilateral knee braces with hinges caused wear and tear on his clothing, leading to a decision granting a clothing allowance for the year 2013.

The Veteran's claims for increased ratings and assistance in acquiring specially adapted housing or special home adaptations were denied due to the lack of service connection criteria being met.

The Board found no evidence of exposure to Agent Orange or other herbicides during service, and denied the Veteran's claims for service connection for type II diabetes mellitus, high blood pressure, erectile dysfunction, and peripheral neuropathy.

The Board found that the Veteran's current peripheral neuropathy of the bilateral lower extremities did not manifest within a year of his separation from active duty service, was not incurred in or is otherwise related to his military service, and was not caused or aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for updated examinations.

The Veteran's claim for an earlier effective date for the grant of service connection for diabetic neuropathy of all extremities is denied as the condition was not diagnosed until August 2011, which is after May 8, 2001 when diabetes mellitus (the basis for presumptive service connection) was added to the list of diseases associated with herbicide exposure.

The Veteran's claim for an increased rating for coronary artery disease and TDIU prior to January 3, 2012 was denied. The Board found that the evidence did not meet the criteria for a higher rating under the schedular criteria or for TDIU based on service-connected disabilities alone.