Peripheral neuropathy decisions — 2019

The Board has determined that additional development is needed for the Veteran's claims of service connection for diabetes mellitus, type 2 and peripheral neuropathy of the upper and lower extremities. The appeal is also remanded to determine if the Veteran qualifies for a TDIU based on his service-connected disabilities.

The Board has remanded the claims for service connection for bilateral upper and lower peripheral neuropathy due to presumed exposure to Agent Orange. A VA examination is required to determine if the Veteran's peripheral neuropathy is more consistent with early-onset or delayed-onset, and whether it is related to his presumed exposure to herbicide agents.

The claim to service connection for a cholesterol disability is dismissed. The claims to service connection for bilateral knee, gout, back, and lower extremity peripheral neuropathy disabilities are denied. Service connection for tinnitus is granted. Service connection for heart disability is granted.

The Veteran's coronary artery disease and diabetes mellitus type 2 are granted as they are related to in-service exposure to herbicide agents.,The Veteran's diabetic neuropathy of the left lower extremity is also granted, as it is causally related to his newly service-connected diabetes mellitus type 2.,Service connection for an acquired psychiatric disorder, to include depression, is denied.

The Veteran's claims for service connection for peripheral neuropathy of the upper and lower extremities are granted, but further development is needed due to conflicting medical opinions.

The Veteran's service-connected disabilities, including right leg above the knee amputation and left lower foot peripheral neuropathy, have resulted in a combined disability rating of 90 percent. The Board has determined that these conditions meet the criteria for eligibility for specially adapted housing due to locomotion limitations.

The Veteran is not competent to handle disbursement of VA funds due to his mental health issues and history of hospitalizations.

The Board has stayed adjudication of cases affected by the Blue Water Navy Vietnam Veterans Act of 2019, including the Veteran's claims for service connection for hypertension and bilateral upper and lower extremity peripheral neuropathy. The issues are being remanded due to a need for additional evidence.

The Veteran's claims for diabetes mellitus, peripheral neuropathy, coronary artery disease (CAD), erectile dysfunction, and skin condition of the legs and feet have all been denied as there is no evidence of service connection due to direct or secondary service connection.

The Board has remanded the claims for service connection for bilateral peripheral neuropathy of the upper and lower extremities, as secondary to diabetes mellitus, type II due to inadequate VA examination.

The Veteran's residuals of TBI are not manifested by any facet equating to higher than a level '1' under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.,Since June 2009, the Veteran’s low back disorder has been manifested in painful motion at a non-compensable level. From March 2017 onwards, it manifests with muscle spasm severe enough to result in an abnormal gait or abnormal spinal contour.

The Board has remanded the claims for an initial rating higher than 50 percent for adjustment disorder with depressed mood, an initial rating higher than 20 percent for lumbosacral strain, and an initial rating higher than 10 percent for residual neuropathy status/post left axillary mass aspiration. The effective dates of service connection are also remanded due to unadjudicated assertions of clear and unmistakable error (CUE).

The Veteran's bilateral pes planus/bilateral plantar fasciitis, fracture left calcaneus status post repair with hardware and scar, left sural neuropathy, and chondromalacia patella, left knee have been remanded for further evaluation due to the possibility of increased symptoms since his last VA examinations.

The Board has granted service connection for the Veteran's bilateral lower extremity peripheral neuropathy, finding that it manifested in service and is not due to his service-connected Achilles tendonitis.

The Veteran's PTSD, right and left lower extremity diabetic peripheral neuropathy, and type two diabetes mellitus have been granted increased ratings. A TDIU has also been granted from January 1, 2009. However, the effective date for the grant of service connection for PTSD is still pending.

The Veteran was granted a 20 percent rating for superficial peroneal neuropathy of the right lower extremity from March 19, 2015. The Board found that his symptoms warranted this higher rating due to progressive worsening.,For the period from June 20, 2012 to September 18, 2013, a 10 percent rating was granted for superficial peroneal neuropathy of both feet.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the right upper, left upper, right lower, and left lower extremities. The evidence does not establish a nexus between these conditions and active service or herbicide exposure.

The Veteran's claims for diabetes mellitus, ischemic heart disease, peripheral neuropathy of the bilateral arms and hands, peripheral neuropathy of the bilateral legs and feet, and acquired psychiatric disorder (to include PTSD) are stayed due to a stay on Blue Water Navy Vietnam Veterans Act of 2019.,The Veteran's claim for epididymitis is also stayed as it was previously denied based on lack of evidence of diagnosis.

The Board has ordered the AOJ to issue a Statement of the Case for the radiculopathy issues, specifically left lower extremity. The AOJ is also instructed to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed radiculopathy in both lower extremities.

The Board has remanded the DIC claim and the service connection for cause of death due to lack of evidence regarding the Veteran's total disability rating prior to his death, clarification needed on death certificates, and clarification needed on CAD ratings.