Peripheral neuropathy decisions — 2018

The Veteran's PTSD has been rated at 70 percent since the claim period, reflecting significant occupational and social impairment.,His right upper extremity diabetic neuropathy is also rated at 70 percent, with severe incomplete paralysis of all radicular groups.

The Veteran's appeal for service connection of a right hip disability has been denied. The appeals for higher initial ratings for lumbar strain, left hip strain, and left thigh impingement are pending. The appeal for an initial evaluation in excess of 70 percent for major depressive disorder with mood congruent psychotic features is also pending.

The Board found that the Veteran's neurological disability is not related to his service-connected disabilities and denied his claim for service connection.

The Board has determined that the Veteran's nerve disorder of the left leg is related to his service-connected diabetes mellitus, and therefore grants service connection for this condition. The issues regarding hypertension and vision problems are addressed in the REMAND portion of the decision.

The Veteran developed polyneuropathy of the extremities as a result of taking prescribed medications for his enlarged prostate, and this additional disability was not due to negligence or unforeseeable risks. The Board finds that VA's treatment did cause the Veteran's condition.

The Veteran's appeal was denied as there is no legal basis for an increased rating higher than 10 percent for tinnitus, and service connection for PTSD, depression, vertigo, peripheral neuropathy of the upper and lower extremities, and arthritis of the feet were not established. The claim for TDIU due to service-connected disabilities remains pending.

The Veteran's service connection claims for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, coronary artery disease, cervical disorder, and other conditions are all granted due to exposure to herbicide agents in Thailand. The Veteran also has a current diagnosis of erectile dysfunction and radiculopathy that is secondary to his service-connected DM.

The Board found that the Veteran's bilateral hearing loss disability was not incurred in or aggravated by a period of active service or active duty for training, and denied his claim for service connection.

The combined impact of the Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment, allowing for a grant of TDIU.

The Veteran's tinnitus began within one year of active military service and is presumed to be related to his service.

The Veteran's service connection for persistent depressive disorder is granted, with a rating of 70 percent effective July 20, 2015. The Board finds that the Veteran suffers from frequent and severe symptoms of persistent depressive disorder, such as depressed mood, chronic sleep impairment, mild memory loss, flattened affect, impaired judgment, disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, and difficulty in adapting to stressful circumstances, including work or a worklike setting.

The Board has granted service connection for diabetes mellitus, type II and ischemic heart disease. The Veteran's claims for other conditions are being remanded to obtain an opinion on whether they are related to the service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for peripheral neuropathy. The Board also finds that the Veteran's current diagnosis of bilateral upper and lower extremity peripheral neuropathy is causally related to his in-service herbicide exposure, specifically Agent Orange exposure, and grants entitlement to service connection.

The Board has determined that the Veteran's current peripheral neuropathy is not related to his period of service and therefore denied service connection for this condition. The claim for bilateral plantar fasciitis remains pending, as does the secondary service connection claim for a back disorder.

The Board has granted service connection for the Veteran's liver disability, memory and cognitive disability, neuropathy in the bilateral upper extremities, and neuropathy in the bilateral lower extremities due to exposure to contaminated water at Camp Lejeune. The Veteran's conditions are presumed associated with this exposure.

The Board has remanded the claims for further development due to inadequate medical opinions and incomplete treatment records.

The Veteran's headaches are rated at the maximum available (50%) due to very frequent and prostrating attacks.,Right upper extremity radicular neuropathy is rated at 20%, left upper extremity radicular neuropathy at 30%, right lower extremity radicular neuropathy at 10%, and left lower extremity radicular neuropathy (prior to July 16, 2016) at 20%.

The Veteran's service connection claim for a neurological disability involving the lower extremities, claimed as peripheral neuropathy, to include as secondary to type II diabetes mellitus, was denied by the Board. The evidence did not support a finding that the condition was related to active service or service-connected conditions.

The Veteran's claims for increased ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, right lower extremity neuropathy, and left lower extremity neuropathy have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.