Peripheral neuropathy decisions — 2019

The Board has granted service connection for a head injury and bilateral lower extremities peripheral neuropathy, finding that these conditions are proximately due to the Veteran's service-connected PTSD with substance abuse.

The Veteran's service-connected residuals shrapnel wound, right thigh, muscle group XIV is rated at 10 percent prior to May 25, 2017 and at 30 percent after that date. The Veteran's service-connected residuals shrapnel wound, lateral femoral cutaneous nerve, right thigh with scar is rated at the maximum schedular rating of 10 percent.

The Veteran's claims for earlier effective dates for his service-connected peripheral neuropathy disabilities are being remanded due to outstanding private treatment records and the need for further development.

The Board has denied the Veteran's claims for service connection for chest pain and numbness in the feet due to a lack of evidence linking these conditions to his military service.,For right and left knee disorders, lumbar spine disability, and headaches, the case is remanded as new examinations are needed to assess their current severity.

The Board found that the Veteran's combined disability rating of 90% was correct and denied the claim for a higher combined rating.

The Veteran's type II diabetes mellitus and bilateral upper extremity peripheral neuropathy have been rated based on their underlying conditions, with no separate ratings for service connection.,A TDIU has been granted from February 23, 2008 to October 7, 2008, and from March 9, 2009 to April 6, 2011.

The Veteran's service connection claim for bilateral lower extremity peripheral neuropathy is granted as the condition was incurred in peacetime service.

The Board has found that service connection is warranted for tinnitus due to in-service noise exposure. However, the Veteran's claims for bilateral hearing loss, prostate cancer, diabetes mellitus type II, and lower extremity neuropathy as secondary to diabetes mellitus type II are remanded due to insufficient evidence.

The Veteran's claim for an increased rating for his service-connected lumbar spine degenerative joint disease is being remanded due to allegations of worsening symptoms since the May 2017 examination.,Service connection for tingling and numbness (sciatic neuropathy) of both lower extremities is being remanded as there is no current diagnosis of sciatic neuropathy in the record.

The Veteran's service-connected conditions do not meet the criteria for SMC based on the need for aid and attendance as his disabilities are not so severe that he requires regular aid and assistance.

The Veteran's claims for service connection of various conditions, including PTSD, back disorder, skin disorder, bilateral shoulder disorder, neck disorder, upper extremity neuropathy, and left lower extremity neuropathy were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection in all cases.

The Veteran's request to reopen the finally disallowed claim of entitlement to service connection for a low back condition is granted. The Board finds that new and material evidence has been received since the August 2003 rating decision, which relates to an unestablished fact necessary to substantiate the merits of the claim of service connection for a low back condition. Issues related to compensation under 38 U.S.C. § 1151 for dissociative disorder (claimed as psycho-neuropathy) and residuals of a neck injury are also remanded due to lack of an opinion on the cause or nature of any additional disabilities.

The Board has decided to remand the cases for additional development due to incomplete records and insufficient examination reports.

The Veteran's service-connected disabilities, including diabetes mellitus, peripheral neuropathy, ischemic heart disease, and others, are found to be severe enough to prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected conditions do not meet the schedular requirements for TDIU, but there is plausible evidence of unemployability as a result of her service-connected disabilities. The case is REMANDED to refer the claim for TDIU to the Director, Compensation Service, for extra-schedular consideration.

The Board denied the Veteran's claim for service connection for ischemic neuropathy and peripheral vascular disease, finding that there was no evidence of a direct etiological relation to his exposure to Agent Orange during service. The appeal is dismissed as it does not involve service connection at all.

The Veteran is granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) due to his service-connected disabilities, including diabetic sensory polyneuropathy and diabetes mellitus.

The Veteran's service connection claim for diabetes mellitus type II is granted due to presumed exposure to herbicides during service. The appeal is also granted for other conditions, including coccyx disability and peripheral neuropathy secondary to diabetes mellitus.

The Board has remanded the Veteran's claims for higher initial ratings for peripheral neuropathy of the upper and lower extremities, as well as his TDIU claim due to new evidence and functional impairment.

The Veteran's claim for service connection for peripheral neuropathy of the right leg, to include as secondary to diabetes mellitus type II is denied because there is no current diagnosis and no evidence linking it to active service.,Service connection for obstructive sleep apnea is denied as there is no evidence that it began during active service or is otherwise related to an in-service injury or disease.