Peripheral neuropathy decisions — 2019

The Veteran's diabetes mellitus and lower extremity neuropathy have been rated, but the appeal for higher ratings has been granted.

The Veteran's appeal for earlier effective dates and increased ratings was denied. The TDIU and SMC claims were granted.

The Board has dismissed all claims related to the Veteran's service connection and rating determinations due to his death.

The Board has remanded the cases due to the need for VA examinations to determine the nature and etiology of the Veteran's claimed skin disorder and bilateral upper extremity disorders.

The Board denied service connection for hepatitis C and denied initial evaluations in excess of 10 percent for peripheral neuropathy of the left and right lower extremities.,The Veteran's current diagnoses were not related to his military service.

The Board has granted service connection for peripheral neuropathy in the right and left lower extremities, as well as a back disability due to scoliosis. The Veteran's exposure to herbicides during active service in Vietnam is presumed.

The Board has remanded the claims for diabetes mellitus, type 2, thyroid disorder, hypertension, low back disorder, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, headaches, vertigo, and tinnitus due to potential exposure to herbicides during service.,The Veteran is seeking service connection for these conditions on a direct basis as they are not presumed diseases related to military service.

The Board has remanded the claims for increased ratings as they are not fully developed and additional evidence may be needed to make a determination.

The Board has decided to remand the Veteran's claims for diabetes mellitus and peripheral neuropathy of the lower extremities due to potential worsening since his last examination. The Veteran will need a new VA examination to assess the severity of these conditions, with an emphasis on distinguishing symptoms attributable solely to the service-connected peripheral neuropathy.

The Board has vacated the part of the December 2018 decision denying a higher initial rating for diabetes mellitus and remanded the case for further development, including scheduling a VA examination to assess the current severity of the Veteran's diabetes mellitus and any related complications.

The Veteran's claims for service connection are remanded due to the need to verify his exposure to herbicide agents and determine if any of the claimed conditions are related to such exposure. The issues will be reviewed again after this verification.

The Board has determined that a VA examination is needed to assess the nature and etiology of the Veteran's bilateral lower extremity neuropathy, as it may be related to his service in Vietnam. The claims are being remanded for further development.

The Veteran's petition to reopen the claim for service connection for PTSD and depressive disorder was granted. Service connection for peripheral neuropathy of the left upper extremity due to diabetes is denied, as is service connection for peripheral neuropathy of the right upper extremity due to diabetes. The Veteran's asbestosis remains at a 30% disability rating throughout the appeal period.

The Veteran's diabetes mellitus, type II with cataracts is rated at a 40 percent disability rating effective November 20, 2014. The Board denied all other claims.

The Veteran is granted a TDIU for the period since December 2, 2015 and up to June 6, 2018. However, the TDIU claim prior to this date was denied as there were no service-connected disabilities that prevented him from securing or following substantially gainful employment.

The Veteran's diabetes mellitus, type II, is presumed to be related to his herbicide exposure. His bilateral peripheral neuropathy of the upper and lower extremities are also presumed to be secondary to his diabetes mellitus, type II.

The Board denied service connection for peripheral neuropathy of the upper and lower extremities, finding that there was no evidence showing symptoms within one year of separation from service or a link to service.

The Board has remanded the Veteran's claims for higher disability ratings for his mental disabilities and entitlement to TDIU due to additional relevant records received since the last adjudication.

The Board denied an extraschedular rating for the Veteran's bilateral lower extremity peripheral neuropathy, finding that the disability picture is adequately described by the current schedular criteria.

The Veteran's left and right lower extremity peripheral neuropathy are granted a rating of 40 percent since December 17, 2012.