Peripheral neuropathy decisions — 2019

The Board has decided to remand the claims for service connection for right and left lower extremity peripheral neuropathy due to additional evidence being needed. The Veteran's exposure to herbicide agents is presumed based on his service in Vietnam.

The Veteran's right ankle disability is rated at the maximum schedular rating of 20 percent.,The Veteran’s diabetes mellitus requires only a restricted diet and an oral glycemic agent, not requiring insulin or regulation of activities. Therefore, he does not meet the criteria for a higher rating under Diagnostic Code 7913.,The Veteran's peripheral neuropathy of the left lower extremity is rated at 20 percent based on moderate incomplete paralysis.,The Veteran's peripheral neuropathy of the right lower extremity is also rated at 20 percent based on moderate incomplete paralysis.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral upper extremities is being remanded due to incomplete records and need for further development, including obtaining private medical records related to his claimed condition.

The Board has granted the Veteran's claim for service connection for a left eye optic disability, finding that it is proximately due to or aggravated by his service-connected obstructive sleep apnea (OSA).

The Board has denied service connection for COPD, but has remanded the issues of service connection for ischemic heart disease, diabetes, carotid arterial disease, left hand disability, right hand disability, and neuropathy of the lower extremities as due to herbicide exposure. The issue of compensation under 38 U.S.C. § 1151 for left true vocal cord paralysis with dysphonia and globus sensation has been remanded.

The Board has remanded several issues related to increased ratings for various conditions, including coronary artery disease, diabetes mellitus, and peripheral neuropathy of the upper and lower extremities. The decision is based on a lack of VA treatment records from August 2010 forward.

The Veteran's service-connected right and left upper extremity neuropathies, as well as his service-connected right and left lower extremity neuropathies, have been granted initial disability ratings of 10 percent for the right upper extremity, 10 percent for the left upper extremity, 20 percent for the right lower extremity, and 20 percent for the left lower extremity. These ratings are effective as of October 3, 2019.

The Board has granted service connection for multiple bilateral renal, carotid cysts due to Camp Lejeune water contamination. The other conditions were denied as not related to service.

All appeals related to the Veteran's upper extremities and tinnitus have been dismissed due to withdrawal by the Veteran.,The Veteran’s diabetic nephropathy with hypertension has not met the criteria for a higher rating, as it does not require regulation of activities or hospitalization.,Service connection for cervical myelopathy, hypertension, bilateral hearing loss, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and acquired psychiatric disorder have all been dismissed due to withdrawal by the Veteran.

The Veteran's claim for service connection for an acquired psychiatric disability, headaches, sleep disability, peripheral neuropathy, Parkinson disease, circulatory disability, gastroesophageal disability, cervical spine disability, bilateral hip and knee disabilities, and bilateral ankle disabilities has been granted. The claims for right ear hearing loss, left ear hearing loss, bilateral upper extremity frostbite residuals, bilateral lower extremity frostbite residuals, bilateral foot disability, skin disability, and service connection for a lumbar spine disability have been denied.

The Veteran's claims for increased ratings for peripheral neuropathy of the right and left upper extremities were denied as his symptoms did not meet the criteria for a higher rating.,Service connection was granted for coronary artery disease and residuals of a stroke, but effective dates earlier than August 26, 2015, or August 26, 2016, respectively, are not warranted due to procedural issues.

The Veteran's claims for increased ratings for peripheral neuropathy of the upper and lower extremities prior to specific dates have been granted. The issues of PTSD, hearing loss, hypertension secondary to diabetes mellitus, and a low back disability are remanded.

The Veteran is found to be unable to secure and follow substantially gainful employment due solely to his service-connected disabilities, with the benefit of doubt resolved in his favor.

The Veteran's claims for increased ratings for diabetes mellitus and coronary artery disease (CAD) are being remanded as the effective dates have not been established.,The Veteran's claim for TDIU is also being remanded due to its inextricability with the above issues.

The Board has denied service connection for right and left eye cataracts, tinnitus, peripheral neuropathy of the lower extremities, and multiple sclerosis as these conditions are not found to be related to service or service-connected disabilities.,The Veteran's renal insufficiency and hypertension have been remanded due to insufficient evidence.

The Board has granted service connection for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral chronic shin splints. The ratings for bilateral shin splints and right lower extremity peripheral neuropathy are remanded due to a need for updated evaluations.

The Veteran's service-connected disabilities, including ischemic heart disease, diabetes, peripheral vascular disease of the lower extremities, and bilateral diabetic neuropathy, render him unable to secure and maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's tinnitus was granted service connection. Service connections for neuropathy of the right and left lower extremities, chronic pain syndrome, gastritis, and bilateral hearing loss were denied.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities, finding that it is at least as likely as not proximately due to or the result of the Veteran's service-connected diabetes.

The Board has granted the Veteran's claim to reopen his service connection for peripheral neuropathy due to Agent Orange exposure. However, the issue of service connection for peripheral neuropathy as secondary to diabetes mellitus type 2 remains remanded.