Peripheral neuropathy decisions — 2020

The Board has denied the Veteran's appeal as there is no overpayment of VA benefits, and the recoupment of her military disability severance pay from her VA disability compensation is required by law.

The Board has remanded the issues of service connection for various disabilities, including diabetes mellitus, heart disability, peripheral neuropathy, erectile dysfunction, liver disease, low back disability, and sleep apnea, all claimed as secondary to service-connected encephalitis. The remand requires additional medical opinions addressing whether these conditions were aggravated by or caused by the service-connected encephalitis.

The Veteran has withdrawn their appeals for the issues of service connection for osteoarthritis of the knees, tinnitus, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy.

The Veteran's back disability is granted service connection as it was aggravated by his military service. The claims for bilateral lower extremity peripheral neuropathy, acquired psychiatric disorder (likely depression), and bilateral hearing loss are remanded due to the need for additional medical opinions.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, peripheral neuropathy of the lower extremities, and non-small cell carcinoma, do not preclude him from securing or maintaining substantially gainful employment. Therefore, his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's right ulnar neuropathy is rated at 30 percent, effective February 22, 2019.,The Veteran's left ulnar neuropathy is rated at 20 percent, effective February 22, 2019.,The Veteran's temporomandibular displaced disc is rated at 30 percent, effective February 22, 2019.

The Board denied the veteran's claims for an earlier effective date, a higher rating for PTSD, and a compensable rating for his right ring finger disability. The claim for service connection for peripheral neuropathy of the right upper extremity was remanded.

The Board granted the petitions to reopen claims for service connection for residuals of cold weather injuries involving the hands and feet but denied service connection for all other conditions.

The Board denied service connection for diabetes mellitus, hypertension, loss of right kidney (due to renal cell carcinoma), bilateral upper and lower peripheral neuropathy, and erectile dysfunction as due to herbicide exposure. The Veteran's claim was reopened based on new evidence.,Service connection for these conditions could not be established because the Veteran did not have presumptive exposure to herbicides in Korea.

The Board dismissed all issues from appeal due to the Veteran's attorney withdrawing representation and expressing an intent to withdraw all issues.

The Board has granted service connection for the Veteran's neuropathy of the bilateral feet, finding it related to in-service exposure to herbicide agents.

The Board has dismissed all claims for service connection due to the Veteran's death.

The Veteran's appeal has been dismissed as he withdrew his appeal for a compensable disability rating for residuals of a right fourth metacarpal fracture.

The Board has remanded the service connection claims for bilateral hearing loss, tinnitus, colon cancer, COPD, heart disability, sleep apnea, peptic ulcer, hydrocele, type II diabetes mellitus, urothelial cancer (claimed as bladder cancer), cervical spine disability, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, right knee disability, and left knee disability. The cause of death claim is also remanded.

The Board has remanded the claims for increased ratings and TDIU due to incomplete examination reports, insufficient evidence of current disability severity, and inextricably intertwined issues.

The Veteran's claim for a temporary total evaluation due to convalescence following cardiac catheterization with stent placement is denied.,Claims for effective dates prior to January 27, 2015, for service connection of PTSD and tinnitus are denied.,Claims for an increased rating for prostate cancer are denied as there was no factually ascertainable increase in disability within one year prior to the claim.,Claims for peripheral neuropathy of various extremities and residuals of malaria are remanded due to incomplete records.,Claims for a higher evaluation for tinnitus, IHD, PTSD, and prostate cancer are remanded.,Claim for TDIU is remanded.

The Veteran's claims for higher ratings and earlier effective dates for peripheral neuropathy of the left lower extremity, sciatic nerve, right lower extremity, sciatic nerve, left lower extremity, femoral nerve, and right lower extremity, femoral nerve have been denied.,Effective August 13, 2019, a 20 percent rating was granted for peripheral neuropathy of the left lower extremity, sciatic nerve. Effective October 18, 2019, ratings in excess of 20 percent were denied for all conditions.

The Board has granted the Veteran's claim to reopen and grant service connection for peripheral neuropathy of the lower extremities, finding that it is etiologically related to herbicide exposure during service.

The Board has remanded the cases for further examination and opinion regarding service connection for peripheral neuropathy of the upper and lower extremities, specifically whether it is related to in-service radiation exposure.

The Veteran's diabetes mellitus was rated at 20 percent, but no higher. The right and left lower extremity peripheral neuropathy were each rated at 20 percent from November 6, 2019, and prior to that date, they were both rated at 10 percent.,The Veteran's bilateral hearing loss was not compensably service-connected.