Peripheral neuropathy decisions — 2019

The Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities prior to December 11, 2017, and from that date forward were denied as his symptoms did not meet or approximate the criteria for a higher disability rating.

The Board denied the Veteran's claims for effective dates prior to November 10, 2010 for service connection of diabetes and related peripheral neuropathy conditions. The Veteran was also denied ratings in excess of 20 percent for his diabetic peripheral neuropathy.

The Veteran's peripheral neuropathy of the right and left lower extremities was granted higher ratings from November 2010 onwards, with a maximum rating of 40 percent.

The Board has remanded the claims for service connection and TDIU due to a lack of an addendum medical opinion addressing the Veteran's lay statements regarding his symptoms in Vietnam, as well as the Mayo Clinic Neurology Consults suggesting possible toxic exposure.

The Veteran's service-connected bilateral lower extremity diabetic neuropathy of the sciatic and femoral nerves resulted in effective loss of use of his feet, which qualifies him for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment.

The Board has granted service connection for diabetes mellitus, type II, on a presumptive basis due to herbicide exposure in Vietnam. The Veteran's bilateral peripheral neuropathy of the lower extremities is also service connected as secondary to his diabetes.

The Board has remanded the claims for a VA neurologist to provide an opinion on whether the Veteran's peripheral neuropathy of the bilateral upper and lower extremities is related to in-service head injury or herbicide exposure.

The claim to reopen the service connection for COD due to herbicide exposure is denied. The claim to reopen the service connection for COD under 38 C.F.R. § 1151 is remanded.

The Veteran's PTSD with depression was granted an initial rating of 50 percent prior to November 1, 2011. The Veteran's diabetes mellitus, type II, and right upper extremity peripheral neuropathy were granted increased ratings since November 1, 2011. Service connection for left shoulder arthritis was denied.

The Board has found that the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are remanded due to incomplete records and inadequate examination.

The Board has decided to remand the case due to a lack of VA examination regarding the Veteran's peripheral neuropathy, and to determine if it is related to his in-service herbicide exposure.

The Board has granted service connection for right and left upper extremity diabetic peripheral neuropathy, finding that the conditions are proximately due to or related to the Veteran's service-connected diabetes.

The Board has granted service connection for diabetes mellitus, type II and peripheral neuropathy of the bilateral lower extremities based on exposure to herbicide agents during service. The Veteran's current diagnoses are linked to his service-connected diabetes.

The Board denied service connection for PTSD and Peripheral Neuropathy, but remanded the claim for Ischemic Heart Disease due to herbicide exposure.,Service connection is not granted for any of these conditions.

The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.

The Board has remanded the cases for further examination and opinion regarding service connection for colon cancer, right upper extremity neuropathy, and left upper extremity neuropathy. The Veteran's claims are being returned to the AOJ for additional development.

The Veteran's acquired psychiatric disability, including PTSD, adjustment disorder, MDD, and mood disorder, is granted as secondary to his service-connected disabilities. The earlier effective dates for the 30 percent ratings for right and left lower extremity peripheral neuropathy are also granted.

The Board has decided that the Veteran's bilateral upper extremity condition, including peripheral neuropathy affecting his lower arms and hands, requires further examination to determine its etiology.

The Board has remanded the claims for additional development, including obtaining a VA opinion to determine the etiology of the Veteran's claimed cervical spine disability, peripheral neuropathy of the upper extremities, and any additional right upper extremity disability. The issues remain on appeal.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment from August 8, 2009 to December 12, 2016.