Peripheral neuropathy decisions — 2019

The Board denied service connection for peripheral neuropathy of the upper extremities, lower extremities, and abnormal white blood cell condition due to lack of current disability.,The Board found no evidence of a current diagnosis of peripheral neuropathy or abnormal white blood cell condition in the Veteran's medical records.

The Board has granted the Veteran's claim of service connection for peripheral neuropathy, finding that it is proximately due to his service-connected diabetes mellitus.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disability. The claims for service connection for cervical spine, right hip, right knee, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, diabetes mellitus, and acquired psychiatric disorder are remanded due to new evidence received since the last final denial.

The Veteran's service-connected disabilities, including PTSD, left forearm disability, and right knee disability, prevent him from obtaining and maintaining substantially gainful employment. The Board granted the TDIU claim based on resolving reasonable doubt in favor of the Veteran.

The Veteran's kidney cancer is not service-connected as it did not begin during his military service and there is no evidence linking the condition to in-service events or exposures.,There is insufficient evidence to establish a right hip or thigh disability, right gluteal muscle disability, or sciatic nerve disability of the right lower extremity. The Veteran has not been diagnosed with these conditions at any point during his claim period.,The Veteran's left hip or thigh condition (rhabdomyolysis with myonecrosis) and left sciatic neuropathy are service-connected as they were caused by a right partial nephrectomy performed in 2017, which the VA was found to be at fault for.,No rating has been assigned due to lack of current disability.

The Veteran's non-Hodgkin’s lymphoma is not service-connected due to lack of exposure to herbicide agents.,The Veteran's bilateral upper and lower extremity neuropathies are not service-connected as they are not caused or aggravated by a service-connected disability.,The Veteran does not meet the criteria for a TDIU based on his service-connected disabilities.

Service connection for diabetes mellitus type II (DMII) is granted.,Service connection for a peripheral circulatory disorder, originally claimed as peripheral vascular disease, to include as secondary to DMII, is granted.,Service connection for hypertension, to include as secondary to DMII, is remanded.,Service connection for chronic kidney disease, to include as secondary to DMII, is remanded.,Service connection for cataracts, to include as secondary to DMII, is remanded.,Service connection for cardiomegaly, to include as secondary to DMII (claimed as an enlarged heart), is remanded.,Service connection for peripheral neuropathy of the left lower extremity, to include as secondary to DMII, is remanded.,Service connection for peripheral neuropathy of the right lower extremity, to include as secondary to DMII, is remanded.,Service connection for tremors (possible Parkinson's disease), to include as secondary to DMII, is remanded.

The Board has remanded the Veteran's claims for service connection due to a duty to assist violation. The AOJ must obtain and associate with the record any relevant private and military base treatment records.

The Veteran's appeals for higher disability ratings and effective dates have been dismissed as he withdrew his appeal of all issues before the Board.

The Veteran's claims for service connection have been denied as the evidence does not support a finding that any of his claimed conditions are related to military service or secondary to a service-connected disability.

The Board has granted service connection for spinal stenosis of the lumbar spine and associated peripheral neuropathy of the lower extremities, finding that these conditions are related to the Veteran's in-service injury. The appeal is granted.

The Veteran's service-connected voiding dysfunction due to multiple sclerosis is granted a 40 percent disability rating prior to August 29, 2017. A higher rating for the condition after that date is denied.

The Board has remanded the issue of service connection for obstructive sleep apnea (OSA), including as secondary to the service-connected psychiatric disability, due to a lack of clarity in the VA medical opinion provided. The Veteran's attorney submitted two articles that suggest an association between sleep apnea and psychiatric disabilities, which needs further clarification.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's peripheral neuropathy of the upper extremities is caused by his service-connected diabetes mellitus, type II. The VA examiner's opinion was based on an erroneous understanding of the Veteran’s medical history.

The Board denied service connection for peripheral neuropathy of the right upper extremity, left upper extremity, and right lower extremity as secondary to diabetes. The Veteran did not have a current diagnosis of these conditions.,Service connection was also denied for a right knee condition.

The reduction of the rating for lumbar spine degenerative disc disease and degenerative joint disease from 40 percent to 20 percent, effective March 5, 2015, was improper. The 40 percent rating is restored, effective March 5, 2015.

The Board has remanded the issues of service connection for bilateral hearing loss, diabetes mellitus type II, coronary disease, bilateral lower extremity peripheral neuropathy, and retinopathy due to exposure to herbicide agents at Fort McClellan.,Service connection is not granted for any of these conditions as there is no credible evidence linking them to the Veteran's service.

The Board has determined that further development is needed to determine if the Veteran has a current left and right upper extremities disability, including peripheral neuropathy, related to his service.

The Veteran's hypertension is rated as noncompensable, and he is granted a TDIU due to his service-connected disabilities.

The Veteran's right groin scar, umbilicus scar, and peri-umbilical area scars are granted 10 percent ratings effective August 24, 2010, September 15, 2010, and September 15, 2010 respectively. A separate 10 percent rating for ilio-inguinal neuropathy is granted effective January 26, 2018.