Peripheral neuropathy decisions — 2020

The Board has dismissed the Veteran's claims of service connection for GERD, right and left hand peripheral neuropathy, right and left shoulder disability, right and left ankle disability, and residuals of a branchial cleft cyst excision. The Board also granted service connection for a low back disability (moderate spondylosis) and associated right and left lower extremity radiculopathy.

The Veteran's left and right lower extremity peripheral neuropathy were granted increased ratings of 40 percent effective May 8, 2016.,An earlier effective date for the TDIU was denied.

The Board has remanded the case due to the need for further development and consideration of whether a TDIU is warranted based on service-connected disabilities, including diabetes mellitus, Type II with diabetic retinopathy of the left eye and erectile dysfunction; and peripheral neuropathy of the bilateral lower extremities. The Veteran's partial amputations of the feet are also being evaluated.

The Veteran's claim for an increased rating for bilateral hearing loss prior to December 9, 2019 was denied as his hearing loss did not meet the criteria for a compensable disability rating.,For the period since December 9, 2019, the Veteran's claim for a higher disability rating for bilateral hearing loss was also denied. The evidence showed that his hearing loss had improved to Level IV in the right ear and Level V in the left ear, warranting only a 10% disability rating.,The Veteran's claim for service connection for degenerative changes of the right elbow prior to December 10, 2019 was denied as there was no evidence of limitation of motion or other impairment that would justify a compensable disability rating. The RO assigned a noncompensable disability rating effective September 2015.,For the period since December 10, 2019, the Veteran's claim for an increased disability rating for degenerative changes of the right elbow was denied as his range of motion did not meet the criteria for a higher rating. The RO assigned a 20% disability rating effective September 2015.,The Veteran's claim for service connection for peripheral neuropathy was granted, indicating that it began during active service.

The Board has granted service connection for diabetes mellitus, secondary peripheral neuropathy of the bilateral lower extremities, prostate cancer, and Parkinson’s disease. However, due to a lack of evidence linking erectile dysfunction to these conditions, the case is remanded for further development.

The Board has remanded the claims for service connection for peripheral neuropathy and restoration of a separate 10 percent rating under DC 5309-7805 for the right hand disability. The Veteran's claim for TDIU is also being remanded.

The Veteran's appeal for service connection for squamous cell carcinoma has been reopened and granted. The claims for increased ratings of peripheral neuropathy, sleep apnea, atrial fibrillation, and hypertension have all been granted.

The Board has remanded the Veteran's claims for service connection for coronary artery disease, peripheral neuropathy of the upper and lower extremities, all claimed as due to herbicide exposure. The decision is based on the presumption that veterans who served in Vietnam during the specified time period are presumed exposed to herbicides.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for an ischemic spinal cord injury with neurogenic bowel and bladder related to surgery he underwent at VA for a repair of an abdominal aortic aneurysm (AAA). The Board finds that a new VA opinion should be obtained on the matter.

The Board found that the grant of service connection for peripheral neuropathy with peroneal palsy, left lower extremity, was clearly and unmistakably erroneous due to lack of evidence showing it was related to Agent Orange exposure within one year after last in-service exposure. The appeal is denied as the severance of service connection was proper.

The Board has granted a 30 percent rating for the Veteran's left wrist disorder, but has remanded to determine if his neurological symptoms are related to his service-connected left wrist disability or aggravated by it.

An effective date of October 7, 2014, is granted for the grant of service connection for mild non-proliferative diabetic retinopathy.,Effective dates earlier than July 16, 2013, are denied for the grants of service connection for left lower extremity and right lower extremity peripheral neuropathy.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's diagnosed conditions and remands the case for further action.

The Board has denied service connection for hypertension due to a lack of current disability, but has remanded the claim for peripheral neuropathy of the bilateral hands due to insufficient evidence regarding its etiology.

The Board has remanded the Veteran's claims for service connection for neuropathy of cranial nerve, left upper extremity neuropathy, and right upper extremity neuropathy due to exposure to Agent Orange. The issues are referred to the AOJ for appropriate action.

The Board has granted TDIU for the periods prior to February 1, 2016, and from December 1, 2016. However, the case is remanded for further consideration of TDIU for the period from February 1, 2016, to June 13, 2016.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional VA examinations.

The Board has decided to remand the case due to uncertainty about whether the Veteran's ship was within the territorial sea of Vietnam while he served aboard, which could affect his claim for service connection based on Agent Orange exposure.

The Veteran's left ear hearing loss is currently rated as noncompensable.,Prior to May 31, 2018, the Veteran was not entitled to a rating in excess of 10 percent for his right and left lower extremity sciatic nerve peripheral neuropathy.,Beginning May 31, 2018, the Veteran is granted a 20 percent rating for each affected lower extremity sciatic nerve.

The Board has determined that the Veteran's claims for service connection are remanded due to inadequate medical opinions and incomplete records. The issues of service connection for various disabilities, including a cervical spine disability, peripheral neuropathy of the upper and lower extremities, tinnitus, and bilateral hearing loss disability, will be returned to the AOJ for further development.