Peripheral neuropathy decisions — 2019

The Veteran's service connection claims for peripheral neuropathy of the bilateral upper and lower extremities are granted, with the condition being secondary to his service-connected diabetes mellitus.

The Veteran's service connection claims for skin cancer, residuals of right breast cancer, scar of the right breast, diabetes mellitus, diabetic nephropathy with hypertension, and peripheral neuropathy of the upper and lower extremities were denied. The Board found that there was no evidence to support a finding that these conditions began in service or are otherwise related to service.

The Board has remanded several issues related to the Veteran's service-connected conditions, including right leg phlebitis and PVD, lumbar spine disorder, peripheral neuropathy of upper and lower extremities, and hypertension. The issues include determining whether these conditions are secondary to other service-connected disabilities or if they have been aggravated by them.

The Veteran's type II diabetes mellitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the left upper extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the right upper extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the left lower extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence of record is against finding that the Veteran has had neuropathy of the right lower extremity at any time during or approximate to the pendency of the claim.,The preponderance of the evidence is against finding that a low back disability began during active service, or is otherwise related to an in-service injury or disease.,The preponderance of the evidence is against finding that a bilateral eye disability began during active service, or is otherwise related to an in-service injury or disease.,The preponderance of the evidence is against finding that Crohn’s Disease began during active service, or is otherwise related to an in-service injury or disease.,Entitlement to service connection for a stroke is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for a heart disability with a heart attack is remanded.

The Board denied the Veteran's claims for service connection for right and left lower extremity peripheral neuropathy as secondary to his service-connected hepatitis C, finding that there was no medical evidence supporting a link between the neuropathy and the hepatitis C treatment.

The Board has remanded the Veteran's claims for an effective date earlier than August 5, 2008 for TDIU and DEA eligibility due to inextricably intertwined issues. The case is referred to the Director of Compensation Service for adjudication under 38 C.F.R. § 4.16(b).

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation between August 9, 2007 and October 18, 2011.

The Veteran's service-connected disabilities prior to May 29, 2014 did not preclude him from performing gainful employment for which his education and occupational experience otherwise qualify him.

The Veteran's bilateral peripheral neuropathy of the feet is granted service connection due to presumed exposure to herbicides in Vietnam. Service connection for bilateral peripheral neuropathy of the hands is denied as there is no current diagnosis.

The Board has granted the Veteran's claim for service connection of a bilateral foot disability as secondary to his service-connected lumbar spine disability.

The Veteran's depressive disorder is currently rated at 30 percent, and the Board has found that it does not warrant a higher rating.,Issues related to peripheral neuropathy of the upper extremities and hysterectomy are remanded for further examination and analysis.

The Board has remanded the claim of entitlement to a disability rating higher than 20 percent for diabetes mellitus due to inadequate examination and possible additional complications.

The Board has remanded the claims for service connection due to a duty to assist error in obtaining an adequate medical opinion regarding the etiology of the Veteran's low back disability and peripheral neuropathy. The examiner must provide opinions on whether these conditions are related to the Veteran's in-service injury, if they began during active service, and if any peripheral neuropathy is aggravated by the low back disability.

The Veteran's appeal for an increased rating for chronic renal disease and TDIU was denied. The Board found that the evidence did not support a higher rating for chronic renal disease, as it did not meet the criteria for a rating in excess of 60 percent. For TDIU, the Board determined that the Veteran does not meet the requirements to be considered unemployable due to his service-connected disabilities.

The Board denied an earlier effective date for PTSD, but granted effective dates of March 8, 2016 for peripheral neuropathy in all four extremities. The decision is mixed as some issues were granted and others not.

The Veteran's service connection for diabetic peripheral neuropathy of the right and left upper extremities is granted. Service connection for residuals of cold injury in the lower extremities (left or right) and a right foot disorder other than diabetic peripheral neuropathy are denied.

The Veteran's PTSD with a history of alcohol abuse is rated at 70 percent, effective December 2, 2013.,The Veteran is granted TDIU based on his service-connected disabilities.

The Veteran’s back condition, claimed as stiff neck, is not related to service or a service-connected disability.,The Veteran's peripheral neuropathy of the right lower extremity and left lower extremity are not related to service or a service-connected disability.,The Veteran's right foot hallux valgus and plantar fascitis had their onset in service and are considered secondary to Raynaud’s syndrome.,The Veteran's left foot hallux valgus and plantar fascitis had their onset in service and are considered secondary to Raynaud’s syndrome.

The Veteran's diabetes mellitus and associated peripheral neuropathy were found to have worsened, warranting the restoration of his prior 40 percent rating. Additionally, he was granted a total disability rating based on individual unemployability (TDIU) effective from June 30, 2011.

The Veteran's claims for higher ratings for peripheral neuropathy of the right and left lower extremities, associated with diabetes mellitus type II with erectile dysfunction, are being remanded due to new evidence indicating worsening symptoms. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating claims.