Peripheral neuropathy decisions — 2019

The Board has determined that the Veteran's diabetes mellitus, type II and peripheral neuropathy of the bilateral upper and lower extremities did not manifest during or within one year of separation from service and are not otherwise related to service. Service connection for prostate cancer, bilateral hearing loss, tinnitus, status post pulmonary inflammatory pseudotumor, and allergic rhinitis is also denied as secondary to herbicide exposure.

The Board has remanded the cases due to insufficient information about the impact of the Veteran's peripheral neuropathy on his function.

The Veteran's claims for service connection for diabetes mellitus type II, and restoration of disability ratings for various knee and ankle conditions were denied. The appeal was remanded for further action on other issues.

The Board has decided to remand the cases for further examination and opinion regarding service connection for peripheral neuropathy of the left leg and right leg, as these conditions are presumed related to herbicide agent exposure during service.

The Veteran's death was used as a basis for substituting the appellant in his pending claims. The Board also found that additional VA treatment records from October 2005 to August 2011 are needed, and TDIU notice is required.

The Board has remanded the claims for diabetes, peripheral neuropathy of the right lower extremity, hypertension, residuals of colon cancer, chloracne, and posttraumatic stress disorder due to herbicide exposure. Additional development is required including obtaining VA treatment records, authorization for a physical examination, and VA examinations.

The Veteran is granted a total disability rating for compensation based on unemployability of the individual due to service-connected disabilities, including dementia (presumptive via PACT Act), diabetes mellitus type II, chronic neck pain, colitis, and sensory-motor peripheral neuropathy of the feet.

The Veteran's tinnitus is rated at the maximum allowed, and his peripheral neuropathy of both lower extremities are each rated at 30 percent. The TDIU claim has been granted.

The Board has granted service connection for Multiple Sclerosis and secondary service connection for right and left lower extremity neuropathy, finding that the Veteran's current MS is related to his in-service symptoms.

The Veteran's claims for increased ratings for diabetes mellitus, peripheral neuropathy of the lower extremities, and left upper extremity were denied. The Veteran was granted a 40 percent rating for peripheral neuropathy of the left lower extremity from July 9, 2019, and a 40 percent rating for peripheral neuropathy of the right lower extremity from July 9, 2019.

The Board has remanded the claims for bilateral hearing loss, diabetes mellitus, type II, and peripheral neuropathy of the upper and lower extremities due to insufficient evidence regarding service connection. The Veteran's lay statements indicate in-service noise exposure and trouble with hearing since active duty.

The Veteran's left shoulder neuropathy has been rated at 20 percent since July 9, 2010. The Board found that the symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's service connection claims for testicular cancer, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy due to herbicide exposure are granted. The Board found that the evidence is at least in equipoise as to whether the Veteran's conditions are related to his service-connected testicular cancer.

The Board has restored the previous disability ratings of 40 percent for both right and left lower extremity peripheral neuropathy, finding that there was no actual improvement in the Veteran's condition since the last examination.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board has remanded the Veteran's claims for service connection and higher ratings due to incomplete records, including missing STRs and audiometric test results. The Veteran is also required to provide additional private treatment records.

The Board has decided that there is insufficient evidence to determine if the Veteran's peripheral neuropathy of the hands and feet are related to his active duty service, including presumed exposure to herbicides. The decision is remanded for further examination and opinion.

The Veteran's TDIU claim is granted as his service-connected disabilities, particularly PTSD, have rendered him unable to maintain any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's service-connected disabilities precluded him from securing substantially gainful employment consistent with his education and work history from January 28, 2010 to January 18, 2012.

The Board found that the Veteran's debt in VA Chapter 31 and pension benefits was validly created, but granted a waiver for the remaining balance of $11,979.01 due to financial hardship and equitable considerations.