Peripheral neuropathy decisions — 2020

The Veteran's claims for increased ratings of CAD, DMII, and BLEDN, as well as service connection for hypertension were denied. The Board found that the evidence did not support higher ratings or service connection.

The Board has denied the Veteran's requests to reopen his previously denied service connection claims for diabetes mellitus type II, diabetic neuropathy with right eye blindness and severely impaired vision of the left eye, and end stage renal disease. The evidence received since the August 2014 denial was not new or material.

The Veteran's service-connected disabilities rendered her unable to obtain and maintain substantially gainful employment, qualifying for TDIU. She is also entitled to SMC at the housebound rate due to her PTSD.

The Veteran's claims of service connection for various conditions have been granted, with tinnitus presumed to have been incurred in service and the other conditions having their service connections established on a presumptive basis.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation consistent with his education and work history.

The Veteran's TBI is granted as service-connected.,Service connection for bilateral hearing loss is denied due to lack of current evidence meeting VA criteria.,Left great toe ulcer is not service-connected, as it did not develop from a service-connected condition and there was no good cause for non-attendance at the scheduled examination.,Increased ratings for peripheral neuropathy of both lower extremities are denied due to lack of evidence showing worsening since last rating determination.,Increased ratings for peripheral neuropathy of both lower extremities are denied due to lack of evidence showing worsening since last rating determination.

The Board has granted service connection for major depressive disorder and remanded the remaining issues due to new evidence. The Veteran's current major depressive disorder is related to his military service.

The Board denied service connection for diabetes mellitus, hypertension, congestive heart failure, CAD, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity. The claims were based on direct evidence rather than presumptive exposure to herbicide agents.

The Board has granted service connection for diabetes mellitus, type II (DMII) and peripheral neuropathy of the lower extremities on a secondary basis to DMII. Service connection is denied for peripheral neuropathy of the upper extremities.

The Board has granted service connection for right and left lower extremity peripheral neuropathy, finding that the Veteran's current diagnoses of idiopathic neuropathy are etiologically related to herbicide agent exposure during service.

The Veteran's diabetes mellitus, type II is granted a 40 percent rating as of August 22, 2017. The remaining issues are remanded for further evaluation.

The Veteran's claim for SMC at the housebound rate prior to November 27, 2013 was denied because he did not have a single service-connected disability rated as 100 percent before that date.

The Board has restored service connection for right upper extremity peripheral neuropathy and denied the severance of service connection due to pyramiding under 38 C.F.R. § 4.14, finding that it was improper.

The Board has remanded the Veteran's claims for bilateral carpal tunnel syndrome, ulnar neuropathy across the elbow, lower extremity sensory neuropathy, and hand disability (claimed as Dupuytren’s contracture) due to service-connected diabetes mellitus. The AOJ is instructed to obtain private treatment records from Dr. Christopher Iacobelli and request an addendum opinion regarding the nature and etiology of these disabilities.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment as of February 29, 2020. The Board finds that the evidence is at least in equipoise as to whether his service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board has denied the Veteran's claims for service connection for bilateral lower extremity and upper extremity peripheral neuropathy, as well as a bilateral foot condition (excluding peripheral neuropathy), finding that there is no evidence of an in-service injury or disease related to these conditions. The Board also found that any current disabilities are not related to military service.

The Veteran's claim for an earlier effective date for the award of a 40 percent initial rating for right and left lower extremity peripheral neuropathy is denied as no earlier date can be assigned due to the effective date already being set at February 16, 2016.

The Veteran was granted a TDIU from December 1, 2005 to November 30, 2011. The Board also remanded the issue of entitlement to a TDIU on an extraschedular basis prior to December 1, 2005.,The case is again before the Board for appellate consideration after being referred to the Director of Compensation Service for adjudication.

The Board has remanded the claims of service connection for PTSD, type II diabetes mellitus, neuropathy of the bilateral upper extremities, erectile dysfunction, and sleep apnea due to new evidence indicating potential exposure to herbicides. The Veteran's statements regarding his stressors need to be verified, and a statement of the case should be issued on these issues.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the bilateral upper and lower extremities, finding that there is no evidence to support a link between his current condition and military service or herbicide exposure.