Peripheral neuropathy decisions — 2019

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU benefits. The need for SMC based on aid and attendance is also granted.

The Board has remanded several issues related to the Veteran's service connection claims due to the need for additional records from the Social Security Administration (SSA).

The Veteran's bilateral hearing loss and tinnitus were not shown during service or within one year of separation, and are therefore not service-connected.,Malaria is not a condition that can be presumed to have been incurred due to exposure to herbicides. The Veteran does not have a current diagnosis of malaria.,Hypertension was not shown during service or within one year of separation, and is not service-connected.,Ulcerative colitis is not related to active service.,Metastatic rectal cancer is presumed to be due to the Veteran's active service.,Left upper extremity neuropathy, right upper extremity neuropathy, left lower extremity neuropathy, and right lower extremity neuropathy are all found to be related to the Veteran's active service.,PTSD was not diagnosed during service or within one year of separation. The Veteran does not have a current diagnosis of PTSD.,An acquired psychiatric disorder, including adjustment disorder with anxiety and depressive disorder, is secondary to the Veteran’s service-connected rectal cancer.

The Board has reopened the Veteran's claim for service connection for pancreatitis and remanded several other claims due to additional development being required. The reopening of the pancreatitis claim is based on new evidence indicating that it may have developed during service.

The Board has remanded the case due to inadequate reasons and bases in finding there was no evidence relating the Veteran's peripheral neuropathy to his active duty service. The Court advised the Board to provide an adequate statement of Reasons and Bases, to include considerations of lay statements and any additional evidence.

The Board has determined that additional development is needed to determine the current severity and manifestations of the Veteran's service-connected disabilities, including PTSD, left elbow and ulnar disabilities, and lower extremity peripheral neuropathy. The AOJ should obtain VA medical records, SSA records, and any other relevant treatment records.

The Veteran's petition to reopen his previously denied claims for sinus condition, hypertension, bilateral hallux valgus, bilateral eye disorder (including dry eyes), bilateral cataracts, sleep apnea, lumbar spine disability, recurrent subluxation of left knee, post-operative left knee with DJD, right knee DJD, and right knee instability are remanded.,The Veteran's petition to reopen his previously denied claim for service connection for left renal arteriovenous malformation (AVM), burn scars of the bilateral ankles, tender left knee scar, and linear left knee scar is also remanded.

The Veteran's appeal for service connection for a right lower extremity disability, including peripheral neuropathy as secondary to his service-connected diabetes mellitus, has been dismissed because the Veteran withdrew his appeal prior to any decision being made.

The Board has remanded several issues for further development, including obtaining VA treatment records and conducting additional examinations. The Veteran's service-connected psychiatric disability (PTSD), lumbar spine disability, renal calculi, right foot disability, left forefoot and ankle disability, and bilateral lower extremity peripheral neuropathy are all at issue.

The Veteran's service connection claims for peripheral neuropathy of the upper and lower extremities are being remanded due to insufficient medical evidence. He is not entitled to presumptive service connection based on toxic herbicide exposure, but a VA examination will be conducted to determine if his current conditions are related to his military service.

The Veteran's service-connected major depressive disorder is granted with a TDIU effective January 3, 2018. The Veteran's peripheral neuropathy in the left upper extremity is granted a 20 percent rating effective January 3, 2018 and his right upper extremity is granted a 30 percent rating effective February 27, 2017.

The Board denied service connection for various knee and wrist disabilities, as well as neuropathy of the lower extremities. The Veteran's claims were not supported by evidence showing a nexus between her current conditions and active service.

The Veteran withdrew his appeals for all issues related to his service-connected disabilities, including cervical spine disability, cervical radiculopathy of the right upper extremity, neck scars, status post right wrist bone fusion, sensory neuropathy of the lower left extremity, and bone graft scars. The Board dismissed these claims as a result.

The Veteran withdrew his appeal for service connection of peripheral neuropathy of the lower extremities, and this claim is dismissed.

The Board has remanded the Veteran's claims for higher ratings for type II diabetes mellitus, peripheral neuropathy of the sciatic nerve in both lower extremities, and peripheral neuropathy of the upper extremities due to new evidence indicating an increase in severity since prior examinations.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, diabetes, and peripheral neuropathy, render him unemployable due to their severity.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to April 23, 2012 was denied. The Board found that the Veteran did not meet the schedular criteria for a TDIU and concluded that entitlement on an extraschedular basis is not warranted because the evidence does not reflect he was unemployable due to his service-connected disabilities in effect at that time.

The Board denied service connection for diabetes mellitus type 2 and diabetic neuropathy of the upper and lower extremities as there was no evidence of herbicide exposure during service, and the conditions were not related to service.

The Board has denied service connection for degenerative arthritis of the lumbar spine, peripheral neuropathy (PN) of the right upper extremity (RUE), and peripheral neuropathy (PN) of the left upper extremity (LUE). The Veteran's claims were not based on presumptive exposure to herbicides.

The Board has granted service connection for the Veteran's peripheral vascular disease of the left and right lower extremities, as well as acute peripheral neuropathy of the upper and lower extremities, all due to exposure to burn pits. Service connection for fibromyalgia is also granted, but secondary to service-connected TBI and PTSD.