Peripheral neuropathy decisions — 2018

The Board finds that the Veteran's peripheral neuropathy of the bilateral upper and lower extremities is not service-connected, as there is no evidence linking it to his military service or any presumptive exposure to herbicides. The Veteran's diabetes mellitus type II does not cause or aggravate his current condition.

The Board found that the Veteran's ulnar neuropathy of the upper extremities was not incurred or aggravated in service, nor is it proximately due to or the result of his service-connected low back disability.

The Veteran's bilateral lower extremity diabetic neuropathy has been rated at 20 percent for each leg, and the Board finds that this rating is appropriate based on moderate incomplete paralysis.

The Veteran's ischemic optic neuropathy of the right eye is found to be related to his service-connected diabetes mellitus, and thus service connection for this condition is granted.

The Board found that the Veteran's diabetes mellitus, type I, was not incurred in service and denied his claims for service connection. The Board also determined that the peripheral neuropathy of the hands and feet, as well as the bilateral eye disability, were not related to service.

The Board has determined that the Veteran was presumptively exposed to herbicides during service, and thus service connection for diabetes mellitus is granted. The case is REMANDED for further examination and opinion regarding peripheral neuropathy and tremors of the upper and lower extremities.

The Board has granted service connection for tinnitus, finding that the Veteran's current bilateral tinnitus is related to his in-service exposure to noise. However, the Board denied service connection for left ulnar neuropathy, concluding that there was no evidence of continuous symptoms since service or compensable manifestations within one year of separation.

The Veteran's PTSD with depressive disorder and panic disorder was rated at 70 percent, but the Board found that this did not meet the criteria for a higher rating due to his symptoms. The diabetes with erectile dysfunction, peripheral vascular disease, and bilateral lower extremity peripheral neuropathy were also rated, but no ratings were granted as they did not meet the required schedular criteria.

The Veteran's claims for service connection for diabetes mellitus and bilateral peripheral neuropathy of the upper and lower extremities were denied as there is no evidence of in-service disease or injury, nor any current diagnoses that are linked to his military service.

The Board has determined that the Veteran's peripheral neuropathy of the bilateral lower extremities does not warrant a higher rating as it is currently rated at 10 percent for each leg.

The Veteran's service-connected disabilities did not meet the criteria for a TDIU on a schedular basis from May 2, 2007, to October 2, 2009. The Board found that her unemployment was due to nonservice-connected factors and she was in school during this period.

The Veteran's service-connected disabilities, including type II diabetes mellitus and its associated conditions, have precluded him from securing or following substantially gainful employment since December 31, 2007.

The Veteran's service-connected right and left lower extremity peripheral neuropathy are rated at 20 percent each, but the evidence shows that his disability picture warrants a higher rating.,A TDIU rating is granted as the Veteran's combined service-connected disabilities (80%) render him unable to maintain substantially gainful employment.

The Board has determined that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to January 11, 2012. The effective date for TDIU is set at December 14, 2009.

The Veteran's claims for a compensable disability rating for diabetic neuropathy of the left upper extremity and right upper extremity prior to December 4, 2009, and in excess of 10 percent thereafter are granted.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his left elbow, left cubital tunnel syndrome (CTS) with ulnar neuropathy, and a back disability. The issues include evaluation of these conditions and entitlement to service connection.

The Veteran's service-connected residuals of right third and fourth metatarsal fractures do not warrant a compensable rating. The issues regarding allergic rhinitis/sinusitis, low back strain with pain, gastritis/GERD, neuropathy of the upper and lower extremities, and left first metatarsal/toe condition are denied as new and material evidence has not been submitted to reopen these claims.

The Veteran's service-connected bipolar disorder has prevented him from securing and following substantially gainful employment since 2014, meeting the criteria for a TDIU.

The Veteran's bilateral lower extremity peripheral neuropathy is rated at 40 percent for each leg, as the symptoms do not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's claims for increased ratings for left upper and bilateral lower extremity neuropathy were denied as there is no evidence of 'complete' paralysis or 'severe' incomplete paralysis in the periods on appeal.