Peripheral neuropathy decisions — 2020

The Veteran's tinnitus rating is restored to 10 percent, effective May 29, 2019. The Board denied the TDIU claim as his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.

The Board has determined that the remand directives have not been substantially complied with, and a remand for full compliance with the Board's prior remand is warranted as a matter of law.

The Veteran's claims for TBI, bilateral upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy have been dismissed. The Veteran's claim of service connection for sleep apnea has been granted. His claims for breathing problems (now claimed as a lung disorder) and headaches are being remanded.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including rating claims for low back disability and left common peroneal lumbar neuropathy. The TDIU claim is also part of this appeal.

The Board has remanded the case due to insufficient opinions regarding the Veteran's PTSD and peripheral neuropathy, which may affect his ability to work prior to December 4, 2019.

The Veteran's appeals for higher ratings for peripheral neuropathy of the left and right upper extremities associated with cervical degenerative disc disease were denied. The Board found that the evidence did not support a rating in excess of 20 percent for either condition.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his service-connected diabetic peripheral neuropathy of both upper extremities due to inadequate examination and failure to address severity.

The Veteran's claim for SMC at the R-1 or R-2 level is remanded due to outstanding VA and non-VA treatment records. The AOJ should obtain these records and conduct further development as needed.

The Board has reopened the Veteran's claim for service connection for neck disability due to new and material evidence. The claims for service connection for headache disability, neurological impairment of the upper extremities, and neurological impairment of the lower extremities are remanded as they are inextricably intertwined with the reopening of the neck disability claim.

The Board has remanded several issues for issuance of a supplemental statement of the case (SSOC) after new evidence was submitted without waiver of RO review. The TDIU issue remains on appeal.

The Veteran's peripheral neuropathy of the left and right lower extremities have been granted initial ratings of 20 percent each.,Service connection for erectile dysfunction has not been established, as it is not attributable to service-connected diabetes mellitus.

The Board denied increased disability ratings for diabetic peripheral neuropathy of the right and left lower extremities, finding that symptoms did not meet criteria for a higher rating.

The Veteran's service connection claims for diabetes mellitus type II, prostate cancer, and adjustment disorder with mixed anxiety and depressed mood are granted. Service connection is denied for a dental condition, rheumatoid arthritis, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and left upper extremity peripheral neuropathy.

The Veteran's service-connected disabilities, including diabetes mellitus type II, coronary artery disease, peripheral neuropathy of the bilateral upper and lower extremities, and left foot amputation, result in loss of use of both lower extremities. The Board finds eligibility for financial assistance to purchase an automobile and adaptive equipment.

The Board has found that there has not been substantial compliance with the December 2019 remand directives and has therefore ordered a new examination to determine the nature and etiology of the Veteran's claimed bilateral foot disability.

The Veteran's claims for full-body osteoarthritis, benign prostatic hypertrophy, skin cancer (squamous cell carcinoma), bilateral upper extremity clinical peripheral neuropathy, and bilateral lower extremity clinical peripheral neuropathy have all been denied. The Board found no evidence linking any of these conditions to service.,There is no diagnosis of full-body osteoarthritis or active skin cancer disability at this time. No in-service incident, illness, or injury was linked to the Veteran's present disabilities.

The Board denied the Veteran's claim for service connection for a bilateral foot disability, finding that there was no evidence of an in-service injury or disease resulting in current disabilities and that any preexisting conditions did not worsen during service. The Board also found that the Veteran’s current symptoms are more likely related to his service-connected lumbar spine strain than to cold injuries sustained in service.

The Veteran's lung cancer residuals, type II diabetes mellitus, ischemic heart disease, and peripheral neuropathy of the upper and lower extremities are granted as service-connected. The Veteran's right index finger amputation and below the right knee amputation are also granted as secondary to his type II diabetes mellitus.

The Board has granted service connection for a right lower extremity disability (peripheral neuropathy) but denied service connection for a neck condition, finding that the Veteran's current symptoms are more likely related to his civilian work and not his military service.