Peripheral neuropathy decisions — 2019

The Board has decided to remand the cases for additional development, including obtaining treatment records and providing VA examinations.

The Board has remanded the Veteran's claims for Gulf War Syndrome, Erectile Dysfunction, and other conditions due to insufficient medical opinions in the original examination reports. The Veteran will need to undergo further VA examinations to determine the nature and etiology of these conditions.

The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional records from Social Security Administration (SSA) and VA eye examination results.

The Veteran's claim for service connection for hypertension was denied. The claims for increased ratings of diabetes mellitus type II, right and left lower extremity peripheral neuropathy, and a total disability rating based on individual unemployability were all granted. However, the effective date for SMC based on housebound was not granted.

The Veteran's TDIU claim is denied prior to March 15, 2013, and granted from that date. The Board has also remanded the Veteran's claims for a rating in excess of 30 percent for residuals of right shoulder injury, a rating in excess of 40 percent for right ulnar neuropathy, and a compensable rating for right shoulder surgical scars.

The Veteran's bilateral sural mononeuropathy is currently rated as 20 percent disabling. The Board has remanded the case for further development, including a new VA examination and additional evidence collection.

The Board has dismissed the Veteran's appeals for initial compensable ratings for right and left foot bunions. The remaining issues have been remanded due to need for additional evidence or examination.

The Veteran's claims for service connection for type II diabetes mellitus and peripheral neuropathy of the bilateral lower extremities and left hand, secondary to now service connected type II diabetes mellitus on a causation basis are both granted. The Board found that the Veteran was exposed to herbicide agents during his service in Korea, which is presumed for certain diseases listed under 38 C.F.R. § 3.309(e).

The Veteran's claim for service connection for PN of both upper extremities is granted. The Veteran's claim for a higher rating for sleep apnea is denied. The Veteran's claims for higher ratings for right knee instability and limitation of flexion are remanded. The Veteran's claims for higher ratings for left hand tremors and right hand tremors are remanded. The Veteran's claim for an earlier effective date for the PTSD rating is granted, but his TDIU claim remains pending.

The Veteran's claims for service connection have been granted, and the right ankle sprain with instability has also been granted. The ratings for these conditions remain at 30 percent.

The Board has remanded several issues related to the Veteran's claims, including hypertension, renal disability, back disability, ischemic heart disease, liver disability, bilateral foot disability, and neuropathy of the lower and upper extremities. The issues have been remanded for additional development.

The Veteran's claims for service connection are remanded due to the need for additional development regarding his exposure history and medical opinions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a lumbar spine disability and neuropathy of the right lower extremity, as secondary to his service-connected lumbar spine disability. The case will be returned to the Board after compliance with appellate procedures.

The Veteran's diabetes mellitus, type II rating was restored to 40 percent effective November 3, 2016. The effective date for the grant of service connection for right and left lower extremity varicose veins is April 16, 2015.

The Board denied the Veteran's claims for earlier effective dates for service connection of diabetic nephropathy, diabetic sensory only polyneuropathy (left and right lower extremities), and diabetes mellitus type II due to a lack of evidence showing an intent to file a claim prior to March 9, 2011.

The Veteran's appeal for increased ratings for peripheral neuropathy of the left foot and right foot, as well as neurological deficit residuals of a stroke associated with diabetes mellitus, is being remanded due to the need for additional development. This includes obtaining recent VA treatment records and Social Security Administration (SSA) records.

The Board has denied the Veteran's claims for service connection for heart condition, prostate condition, and bilateral peripheral neuropathy due to lack of competent evidence linking these conditions to his military service.

The Board has denied service connection for a right shoulder condition, neck condition, and right upper extremity neuropathy. The claims of service connection for bilateral hearing loss and tinnitus are remanded as the Veteran did not undergo VA examinations to determine if his conditions are related to service.,Service connection is also denied for left and right knee conditions due to lack of a VA examination.

The Veteran's claims for service connection are remanded due to insufficient development regarding exposure to mustard gas, ionizing radiation, and herbicide agents at Fort McClellan, Alabama. The RO must request verification from the U.S. Army Joint Services Records Research Center (JSRRC).

The Board has dismissed the claim of entitlement to a TDIU due to withdrawal by the Veteran's accredited representative. The remaining issues have been remanded for further development and consideration.