Peripheral neuropathy decisions — 2018

The Board has determined that an effective date earlier than November 24, 2010 for the award of SMC based on aid and attendance is not warranted as it was not factually ascertainable that the need for aid and attendance was warranted at any time within the one-year prior to November 24, 2010.

The Veteran's hepatitis C and peripheral neuropathy are found to be related to service, with the most likely source being drug use in the early 1970s. Service connection is granted for these conditions.

The Board has reopened the claim for service connection for asbestos-related lung disorder and granted it. The claims for peripheral neuropathy of the extremities, peripheral vascular disease, and increased rating for psychiatric disability are denied.

The Veteran's bilateral cataracts, right lower extremity peripheral neuropathy, and skin disability have been evaluated based on their current severity. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Veteran's peripheral neuropathy of the left lateral femoral cutaneous nerve resulted in incomplete and moderate paralysis for the period March 28, 2008 to November 18, 2010. The disability was evaluated as noncompensable.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of direct service connection for his shoulder disability, and denied all other claims.

The Veteran's PTSD and major depressive disorder have been rated at the highest possible level of disability, with a rating of 70 percent. The appeal for higher ratings has been granted.

The Veteran's service-connected disabilities, including diabetic neuropathy and PTSD, are found to preclude him from securing or following substantially gainful employment.

The Veteran seeks earlier effective dates for service connection for peripheral neuropathy and carpal tunnel syndrome of the upper extremities, as well as for peripheral neuropathy of the lower extremities. The Board has determined that the earliest date on which these claims could be granted is based on when the Veteran first submitted a claim to VA.,The Veteran's original claim was denied in July 1978 and October 1994, but both decisions became final as the Veteran did not file timely notices of disagreement or submit new and material evidence within one year. The claims were reopened in August 1996 for upper extremities and November 2002 for lower extremities.

The Board has determined that the Veteran's discharge from service in April 1976 was not under dishonorable conditions and does not constitute a bar to VA monetary benefits.

The Board has determined that there is no evidence of herbicide exposure during service, and the Veteran's current disabilities are not related to his active duty. Service connection for type II diabetes mellitus, peripheral neuropathy, and visual impairment have been denied.

The Veteran's service-connected disabilities, including peripheral neuropathy and cold injuries, cause occupational difficulties and prevent him from obtaining and maintaining substantially gainful employment. The Board grants a TDIU rating.

The Board has determined that the Veteran's combined effects of bilateral peripheral neuropathy of the lower extremities and other service-connected disabilities have resulted in sleep disruptions causing extreme fatigue, which warrants an additional extraschedular rating of 30 percent.

The Board has remanded the case for additional development, including obtaining medical opinions and records.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unemployable.

The Board found that the Veteran's diabetes mellitus, peripheral neuropathy, and renal insufficiency are not service connected due to lack of evidence of herbicide exposure during service.

The Veteran meets the schedular requirement for TDIU due to his service-connected PTSD and other disabilities, which render him unemployable. The Board grants a TDIU rating.

The Veteran's claims for peripheral neuropathy of the upper and lower extremities are pending, with no clear decision on service connection. The case is being remanded to obtain an addendum opinion regarding whether the peripheral neuropathy was aggravated by service-connected ischemic heart disease.

The Veteran's appeal has been dismissed as he and his representative have withdrawn the appeal for all four issues regarding earlier effective dates.

The Veteran's peripheral neuropathy of the bilateral lower extremities is currently rated at 30 percent. The Board has found that a 40 percent evaluation per lower extremity is warranted for the Veteran's peripheral neuropathy.