Peripheral neuropathy decisions — 2019

The Board has identified the need for additional development of records from the Boston VAMC and associated outpatient clinics, as well as an examination to determine the nature and etiology of the Veteran's claimed cold injury residuals. The claims will be remanded pending receipt of these records and completion of the examination.

The Veteran's service-connected disabilities, including diabetes and peripheral neuropathy, rendered him unable to secure and maintain substantially gainful employment as of March 28, 2006.

The Board has determined that additional development is necessary prior to final adjudication of the Veteran's claims for increased evaluations and effective dates for his service-connected right and left lower extremity sciatic nerve radiculopathy, femoral nerve peripheral neuropathy, and housebound rate.

The Board has remanded the Veteran's claims for bilateral hearing loss, ischemic heart disease, kidney cancer, diabetes mellitus type II, radiculopathy of both hands and lower extremities, an acquired psychiatric disorder, and tinnitus. The new evidence submitted since the June 2018 SOC will be considered.

The Veteran's condition was not of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Therefore, the unauthorized medical expenses incurred at Fawcett Memorial Hospital on April 23, 2017, are denied.

The Veteran's claims for separate ratings for fatigue and peripheral neuropathy associated with his service-connected multiple sclerosis (MS) have been denied as the symptoms are considered part of the disability rating for MS.

The Veteran's claim for an evaluation in excess of 10 percent for peripheral neuropathy, femoral nerve, right lower extremity was denied.,The Veteran's claim for an evaluation in excess of 10 percent for peripheral neuropathy, femoral nerve, left lower extremity was denied.

The Board has remanded the case due to inadequate rationale and lack of compliance with previous remand directives regarding the Veteran's peripheral neuropathy.

The Veteran's initial ratings for peripheral neuropathy of the left and right lower extremities have been granted at a 20 percent level.

The Board has remanded several issues for further examination and review, including service connection claims for various conditions and a higher disability rating for left knee strain.

The Veteran's service connection for diabetes mellitus and peripheral neuropathy of the lower extremities is granted. The Veteran's service connection for peripheral neuropathy of the upper extremities remains pending.

The Board denied service connection for fibromyalgia, irritable bowel syndrome (IBS), a bladder disability, and peripheral neuropathy of the right upper extremity.,There is no evidence to support that any of these conditions were incurred or aggravated by military service.

The Veteran's service-connected disabilities did not prevent her from securing or maintaining substantially gainful employment during the period from April 1, 2008 to February 20, 2010.

The Board has remanded several issues related to the Veteran's diabetes mellitus, peripheral neuropathy of the lower extremities, and diabetic foot ulcer. The claims for increased ratings are being returned for further evaluation, and a TDIU claim is also being remanded.

The Board has granted an earlier effective date of June 1, 2007 for the grant of a total disability rating based on unemployability due to service-connected disabilities.

Service connection is granted for right lower extremity and left lower extremity peripheral neuropathy, as well as ulcerative colitis.,The Veteran's claims for service connection for psychiatric disorders, sleep disorder (including sleep apnea), neck disorder, headaches, fibromyalgia, and CFS are remanded.

The Board has decided that the Veteran's appeal for an increased rating for peripheral neuropathy of the bilateral lower extremities should be remanded due to a procedural issue with the initial claim.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his employment as a construction cost estimator, which he has held since retiring in 2005 and continues to hold part-time, is considered substantially gainful employment rather than marginal employment. The Board found that the Veteran’s employer did not provide protected or sheltered work environment for him.

The Veteran's appeal is remanded for additional examinations to assess the severity of his service-connected peripheral neuropathy and PTSD, as well as a review of his TDIU claim.

The Board has granted the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to his service-connected disabilities, including diabetes mellitus type II and peripheral neuropathy.