Peripheral neuropathy decisions — 2019

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy in his upper and lower extremities due to herbicide agent exposure, as it is not clear if these conditions are related to his military service.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation with his education and occupational background, warranting the grant of TDIU.

The Veteran's petition to reopen claims for cervical spine disorder, headache disorder, low back disorder, left knee disorder, hypertension, gastrointestinal disorder (IBS), lower left extremity neuropathy, and upper left extremity neuropathy have been granted. Service connection is now established for these conditions.

The Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability from May 24, 2012. The Board has vacated the November 2018 remand and remanded the issues on appeal.

The reduction of the rating for peripheral neuropathy of the right lower extremity from 10 percent to noncompensable was proper due to a finding of clear and unmistakable error (CUE) in the June 29, 2009 rating decision. The appropriate procedural steps were followed.

The Veteran's claims for service connection for various conditions, including peripheral neuropathy and lung disability, have been denied as the evidence does not support a finding of in-service onset or continuity of symptoms.,Service connection is only granted if there is medical evidence linking the current condition to an injury or disease incurred during active duty. The Veteran's claims are based on presumed exposure to Agent Orange (AO) herbicides, but the Board found no direct link between any claimed conditions and service.

The Veteran's service-connected disabilities, including post-traumatic stress disorder and peripheral neuropathy, have rendered him unable to work since his retirement in 2008. The Board finds the evidence at least in equipoise on whether these conditions preclude employment.

The Veteran's appeal is remanded due to the need for updated VA treatment records and an examination to assess the effects of his service-connected back disability with bilateral lower extremity neuropathy and nonservice-connected diabetic neuropathy on his lower extremities.

The Veteran's service-connected disabilities do not produce total occupational impairment, and therefore he is not entitled to TDIU.

The Veteran's service-connected disabilities (including PTSD, CAD, and peripheral neuropathy) made it impossible for him to secure or follow a substantially gainful occupation prior to September 30, 2016.

The Board has remanded the claims for an effective date prior to February 24, 2016, for the award of service connection for left upper extremity diabetic neuropathy and for the awards of service connection for bilateral lower extremity diabetic neuropathy. The issues on appeal include entitlement to increased ratings for these conditions.

The Veteran's service-connected disabilities have resulted in permanent and total disability that precludes locomotion without the aid of braces, crutches, canes or a wheelchair. The Board finds that the criteria for entitlement to a certificate of eligibility for assistance in acquiring specially adapted housing are met.

The Board has remanded three claims: ischemic heart disease, diabetes mellitus, and peripheral neuropathy of the bilateral lower extremities. The claims are related as they all involve service connection for conditions associated with diabetes mellitus. Further development is needed to determine if the Veteran was exposed to herbicides during his service in Vietnam.

The Veteran's service-connected fibromyalgia, chronic myofascial pain syndrome with muscle spasms, and peripheral neuropathy of the bilateral upper and lower extremities are granted. Her combined rating is at least as high as required for a TDIU.

The Board has determined that the VA examinations for the Veteran's knee and foot disabilities were inadequate, as they did not consider the Veteran’s in-service treatment records. The Board also found that no VA examination was provided for the Veteran's hand disabilities. Therefore, the case is being remanded to obtain new VA examinations.

The Board has granted service connection for type II diabetes mellitus as secondary to herbicide-agent exposure. The issues of ischemic stroke, peripheral neuropathy of the left upper extremity, and peripheral neuropathy of the right and left lower extremities are remanded due to insufficient evidence.

The Veteran's service-connected diabetes mellitus is linked to his peripheral neuropathy of the upper and lower extremities, as well as his respiratory disorders (asbestosis and COPD), all secondary to his active duty service.

The Veteran's appeals for higher ratings on his low back disability and associated lower extremity neuropathy, as well as a claim for Total Disability Based on Individual Unemployability (TDIU) prior to June 19, 2017, have been dismissed due to the appellant requesting withdrawal of these claims.

The Veteran's appeal includes claims for increased ratings for Major Depressive Disorder and Diabetes Mellitus Type II, as well as service connection for Peripheral Neuropathy of the Bilateral Upper Extremities and Chronic Kidney Disease. The Board has determined that a remand is necessary to address these issues.

The Veteran's claim for a higher rating for diabetes mellitus type 2 was denied. The Veteran is currently rated at 20 percent for this condition.,The Veteran's claims for increased ratings for diabetic peripheral neuropathy of the left and right lower extremities were granted with a temporary increase to 20 percent from November 10, 2015, but both are now denied as his conditions have not improved since that date.