Peripheral neuropathy decisions — 2020

The Veteran's claims for lumbosacral strain, radiculopathy of the right arm and left arm (peripheral neuropathy), and anterior cervical discectomy and fusion spanning C5 to C7 are remanded due to a duty to assist error. The AOJ must obtain all identified private treatment records.

The Board has granted service connection for right and left lower extremity peripheral neuropathy, right and left upper extremity peripheral neuropathy, and hypertension due to exposure to herbicide agents (Agent Orange).

The Board denied service connection for diabetes mellitus and peripheral neuropathy, finding no evidence of herbicide exposure in Vietnam or Thailand. The Veteran's claims were not legally possible due to lack of service-connected primary condition.

The Board has remanded the Veteran's claims for service connection for left and right upper extremity neuropathy due to a lack of medical opinion on whether these conditions are related to his service or aggravated by diabetes mellitus. The TDIU claim is also being remanded as it may be affected by the outcome of the service connection claims.

The Board has granted earlier effective dates of April 17, 2014 for the award of radiculopathy of the right lower extremity and peripheral neuropathy of the left and right lower extremities. The issues of a rating in excess of 10 percent for a lumbar spine disability prior to October 18, 2017 and a rating of 30 percent since, and entitlement to TDIU are remanded.

The Veteran's erectile dysfunction is not service-connected and is not caused or aggravated by his service-connected diabetes mellitus.,The Veteran has peripheral neuropathy of the right lower extremity that is proximately due to his service connected diabetes mellitus.,The Veteran has peripheral neuropathy of the right upper extremity that is proximately due to his service connected diabetes mellitus.,The Veteran has peripheral neuropathy of the left lower extremity that is proximately due to his service connected diabetes mellitus.,The Veteran has peripheral neuropathy of the left upper extremity that is proximately due to his service connected diabetes mellitus.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to June 12, 2017.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient evidence, including a need for VA examinations.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities due to presumed exposure to an herbicide agent. Service connection was denied for peripheral neuropathy of the upper extremities as there is no evidence of current disability.

The Veteran's claim of entitlement to an effective date prior to January 28, 2013 for the award of service connection for bilateral testicular atrophy was denied. The Board found that the earliest effective date legally assignable is January 28, 2013.,The Veteran's claims of entitlement to ratings in excess of 40 percent for gout and 20 percent for varicose veins of the right lower extremity are remanded due to need for updated VA examinations.

The Veteran's PTSD is rated at 70 percent, effective December 11, 2019. The appeal for higher ratings prior to this date was denied.

The Veteran's diabetes mellitus, type II, was not incurred as a result of active duty service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran’s peripheral neuropathy was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran's erectile dysfunction was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran’s eye disability was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran's arthritis of the shoulders, back, hips and feet was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran’s vertigo was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.,The preponderance of the evidence shows that the Veteran's pancreatic cancer was not manifest during active service and is not shown to be causally or etiologically related to an in-service event, injury, or disease.

The Board denied service connection for a right shoulder disorder and right upper extremity peripheral neuropathy, finding no current diagnosis of these conditions and noting that the Veteran's symptoms did not meet the criteria for these disorders based on his medical records.

The Board has reopened the claims for service connection for peripheral neuropathy of the left and right lower extremities due to newly submitted evidence. The claims are remanded for further development regarding herbicide exposure, obesity, and secondary service connection.

The Board has determined that new material evidence has been received to reopen the claim for service connection for hypertension. The claims for service connection for peripheral neuropathy are remanded.

The Board has withdrawn the appeals of several issues, including an evaluation in excess of 10 percent for peripheral neuropathy of the left arm and a compensable evaluation for a left arm scar. The appeal regarding service connection for PTSD is remanded due to issues with effective date and rating.

The Board has denied service connection for low back, mid-back, upper back, and neck disabilities. The Veteran's current back or neck problems are not related to his military service.,Service connection for peripheral neuropathy of the right upper extremity (related to dystonia) was also denied.

The appeals seeking increased ratings for depression, right ankle degenerative joint disease, bilateral hearing loss, and reopening claims for diabetes mellitus, gout, and left ankle condition have been dismissed.,New evidence has reopened the Veteran's claims of service connection for lower back condition, bilateral flat feet, and right and left lower leg/foot conditions.

The Board has remanded the claims for a lumbar spine disability and bilateral lower extremity sciatic peripheral neuropathy due to service-connected right foot and right sural nerve disabilities. The Veteran's obesity is also being evaluated as it may have been caused or aggravated by his service-connected conditions.

The Veteran's PTSD symptoms did not meet the criteria for a disability rating in excess of 50 percent prior to November 13, 2019 and in excess of 70 percent thereafter.,Service connection for erectile dysfunction is remanded due to lack of an opinion on etiology.,Service connection for diabetes mellitus secondary to service-connected PTSD is remanded due to lack of an opinion on etiology.,Service connection for high cholesterol secondary to service-connected diabetes mellitus is remanded due to lack of an opinion on etiology.,The Veteran's lumbar spine degenerative disc disease was not rated higher than 40 percent prior to November 13, 2019 and in excess of 70 percent thereafter.,Service connection for left lower extremity femoral nerve peripheral neuropathy is remanded due to lack of an opinion on etiology.,Service connection for right lower extremity femoral nerve peripheral neuropathy is remanded due to lack of an opinion on etiology.,Service connection for left lower extremity sciatic nerve peripheral neuropathy is remanded due to lack of an opinion on etiology.,Service connection for right lower extremity neuralgia parenthetical is remanded due to lack of an opinion on etiology.