Peripheral neuropathy decisions — 2018

The Veteran's total disability rating was in effect for less than eight years prior to his death, and there was not clear and unmistakable error (CUE) in the assignment of the effective date for that 100 percent rating. Therefore, he is not entitled to an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2).

The Board has denied the Veteran's claims for service connection for diabetes mellitus, a back disability, peripheral neuropathy of the lower left and right extremities, as well as his claim for an increased rating for hemorrhoids.

The Board has determined that the Veteran was exposed to herbicide agents while serving in Thailand, and therefore service connection for diabetes mellitus and peripheral neuropathy is granted on a presumptive basis.

The Board has determined that the Veteran's left lower extremity numbness is a residual of surgery for his service-connected left ankle disability and grants service connection for this condition as secondary to his service-connected left ankle disability.

The Veteran's appeal is being remanded for additional examinations to assess the current severity of his peripheral neuropathy, bilateral hearing loss, and headaches. The VA will also review the claims based on the new examination results.

The Veteran's claims for service connection are denied as the evidence does not support a finding of in-service exposure to herbicide agents or any other form of presumed exposure. The diagnoses do not meet the criteria for presumptive service connection.

The Veteran's diabetes mellitus is rated at 20 percent, his left radial nerve disability at 50 percent, and his peripheral neuropathy of the right upper extremity, left lower extremity, and right lower extremity are each rated at 20 percent.

The Veteran's claim for service connection for PTSD was reopened, effective from September 26, 2012. The earlier effective date of August 20, 2013, grants the Veteran a 50 percent rating for PTSD prior to January 19, 2017 and total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to May 28, 2016.

The Board has ordered the Veteran to undergo a VA examination for his lower left leg disabilities, including restless legs syndrome and mild tibial neuropathy. The appeal is currently remanded due to incomplete notification of the scheduled examination.

The Veteran has withdrawn his appeals regarding the increased ratings for right upper extremity peripheral neuropathy and erectile dysfunction. The cases are dismissed.

The Board has denied the Veteran's claims for service connection for type II diabetes mellitus, prostate cancer, erectile dysfunction, and peripheral neuropathy of both upper and lower extremities due to lack of evidence of herbicide exposure in Panama or the Panama Canal Zone.

The Veteran's bilateral upper and lower extremity peripheral neuropathies are found to be due to herbicide agent exposure, specifically Agent Orange. Service connection is granted for these conditions. The Veteran's acquired psychiatric disorder is rated at 70 percent under the General Rating Formula for Mental Disorders.

The Veteran's diabetes, diabetic peripheral neuropathy, and erectile dysfunction are found to have been incurred within one year of his separation from service. The Veteran also has a compensable degree of hypothyroidism that manifested within one year of his separation from service.

The Veteran's appeal is remanded for additional medical inquiry and examination to determine the current severity of his service-connected upper and lower extremity neurological disability.

The Veteran's claims for service connection have been denied. The Board found that new and material evidence had not been submitted to reopen the claim for acne, but did not address other issues.

The Board found that the Veteran's diabetes mellitus did not require insulin and regulation of activities, thus a rating in excess of 20 percent was denied.

The Veteran's appeal was granted for TDIU as of May 28, 2010. The appeals for service connection for residuals of scorpion sting poisoning; higher initial ratings for PTSD, diabetes mellitus, diabetic peripheral neuropathy of the right and left lower extremities, and bilateral hearing loss; and an earlier effective date for service connection for tinnitus were withdrawn by the Veteran's representative.

The Veteran's service-connected neuropathy of the left upper extremity associated with post-surgical residuals of a navicular bone fracture of the left wrist is currently rated at 20 percent, effective October 7, 2011. The Board has granted this evaluation.

The Board has determined that additional development is needed, including obtaining SSA records and scheduling the Veteran for VA examinations to address his claimed conditions. The appeal will be remanded to allow for this development.

The Veteran's appeal is granted, with a TDIU for the period from November 22, 2011. The issues of increased ratings for diabetes and neuropathy are addressed in the REMAND portion.