Peripheral neuropathy decisions — 2018

The Veteran's claimed conditions were not found to be related to service or due to exposure to herbicide agents (Agent Orange). Service connection was denied for all conditions.

The Board granted service connection for hypertension as secondary to service-connected diabetes mellitus type II (DMII) with erectile dysfunction and peripheral neuropathy. The increased rating claim for DMII was denied, but the part of the September 13, 2011 decision that addressed this issue is vacated.

The Veteran's SMC claim for loss of use of a creative organ is granted. The Board has taken jurisdiction over the hearing loss issue due to its discussion during the February 2018 hearing. Service connection for bilateral hearing loss, peripheral neuropathy of the upper and lower extremities secondary to diabetes mellitus are remanded.

The Board has granted service connection for bilateral upper and lower extremity peripheral neuropathy as secondary to the Veteran's service-connected diabetes mellitus.

The Board has remanded the Veteran's claims for service connection for various disabilities, including bilateral shoulder disability, degenerative joint disease of the lumbar spine and cervical spine, left ulnar neuropathy, bilateral hearing loss disability, and tinnitus. The issues are being remanded due to insufficient evidence on file from 1972 until 2001.

Service connection for diabetic neuropathy of the upper left and right extremities is restored, with an effective date from June 4, 2013.,The claim for an earlier effective date for service connection for depressive disorder NOS (including PTSD) is denied.

The Board has reopened the claim for service connection for a right knee disability and granted service connection for an acquired psychiatric disorder (depression). The claims for service connection for sleep apnea, diabetes, peripheral neuropathy of the bilateral lower extremities, and a right leg skin condition are all remanded.

The Board has reopened the Veteran's claims for service connection for peripheral neuropathy of the left and right lower extremities, but has remanded both issues due to insufficient evidence.

The Veteran's low back disability is currently rated at 40 percent, but the Board finds no evidence of unfavorable ankylosis or other conditions warranting a higher rating. The claim for TDIU was denied due to the Veteran's failure to provide requested information and forms.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has dismissed the Veteran's appeals for increased rating and service connection claims related to various conditions. The Board also granted service connection for TBI with manifestations of headaches and an acquired psychiatric disorder, a lumbar spine disorder with bilateral lower extremity radiculopathy, and a right knee disorder.

The Veteran's service connection for diabetes mellitus, type II and peripheral neuropathy of the bilateral upper and lower extremities is granted due to exposure to herbicides during his military service.

The Veteran's claims for increased ratings and earlier effective dates have been dismissed due to the death of the Veteran.,All appeals related to service connection, including those for peripheral neuropathy, have been dismissed as they are not relevant given the Veteran's death.

The Board has remanded the Veteran's claims for separate, compensable ratings for diabetic cataracts, erectile dysfunction, tinea pedis and cruris, bilateral peripheral neuropathy of the upper extremities, bilateral peripheral neuropathy of the lower extremities, and an increased rating for PTSD. The RO is instructed to first adjudicate the claim for a higher rating for diabetes mellitus before addressing these issues.

The Veteran's initial claim for a higher rating for peripheral neuropathy of the right lower extremity was granted with an effective date of March 29, 2007. A TDIU was also granted from March 30, 2017. The case is remanded to consider a TDIU on an extraschedular basis prior to March 30, 2017.

The Veteran's sleep apnea and hypertension were denied service connection. The Veteran's diabetic peripheral neuropathy of the left lower extremity was granted a 20% evaluation, effective November 12, 2010, while his right lower extremity neuropathy remained at a 10% evaluation.

The Veteran's TDIU claim is granted from January 20, 2016. The diabetes mellitus with diabetic nephropathy and hypertension issue is remanded for additional development.

The Veteran's type II diabetes is presumed due to in-service herbicide exposure and granted. The Veteran's hypertension and peripheral neuropathy are remanded for further examination.

The Veteran's right and left upper extremity peripheral neuropathy are currently rated at 20 percent each, which is the maximum rating under Diagnostic Code (DC) 8513.,The Veteran's bilateral lower extremity peripheral neuropathy (sciatic nerve) is currently rated at 40 percent each, which is the maximum rating under DCs 8599-8520.

The Board has remanded the Veteran's claims of entitlement to higher ratings for peripheral neuropathy and service connection for an acquired psychiatric disorder due to incomplete medical records and inadequate opinions in previous examinations.