Peripheral neuropathy decisions — 2020

Your appeals for service connection have been dismissed due to the death of the claimant.

The Board has remanded the Veteran's claims for additional development due to incomplete compliance with prior remand instructions. The Veteran is required to provide updated private treatment records and VA outpatient treatment records, as well as undergo medical examinations.

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for a higher disability rating or TDIU prior to April 25, 2018.

The Board has granted service connection for diabetes mellitus, type II and peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity. The decision is based on microwave radiation exposure during military service.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, hypertension, depression, neuropathy of lower extremities, and neuropathy of upper extremities. The evidence does not support a finding of exposure to herbicides or other potential causative factors.

The Veteran's claim for a higher rating for diabetes was denied. The Board is considering the possibility of an extraschedular evaluation, but has not yet made a decision on this aspect.

The Veteran's initial ratings for diabetic neuropathy of the left and right upper extremities were granted at 20 percent, but no higher. The initial rating for diabetic neuropathy of the left lower extremity was denied prior to April 27, 2016, with a subsequent grant of 40 percent from that date. The initial rating for diabetic neuropathy of the right lower extremity was also denied prior to April 27, 2016, but granted at 40 percent thereafter.

The Board has remanded the claims for service connection due to exposure to herbicide agents, including heart disability, sleep disorder, erectile dysfunction, hypogonadism, and peripheral neuropathy. The request is made to the Joint Services Records Research Center (JSRRC) to review official military documents related to the USS Butte during the Vietnam War.

The Veteran's appeals for various conditions and ratings have been dismissed due to his withdrawal of the appeals. Service connection has been granted for PTSD with a rating of 70 percent effective April 22, 2013.

The Board denied the Veteran's claims for service connection for a disability of the bilateral lower extremities and a lung disorder, finding that there was no evidence linking these conditions to his military service.

The Board has decided to remand the claims for peripheral neuropathy due to Agent Orange exposure, as the current medical opinion is inadequate and does not address all relevant factors.

The Board dismissed the claim for an earlier effective date than May 20, 2005 for the granting of service connection for advanced optic neuropathy as the July 2020 rating decision granted an earlier effective date of December 29, 1976 which satisfied the Veteran's appeal.

The Veteran's service connection for diabetes mellitus type II is granted. The case is remanded for further action on the claim of service connection for bilateral peripheral neuropathy of the lower extremities, as secondary to his service-connected diabetes.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the preponderance of evidence is against a higher rating for tinnitus, left upper extremity radicular neuropathy, vascular headaches, epididymitis and testicle cyst condition, external hemorrhoids, and left arm scars. Service connection was granted for PTSD.

The Veteran's diabetic retinopathy has been rated based on visual acuity and field loss, resulting in a combined rating of 50 percent since February 17, 2017.,Diabetes mellitus with erectile dysfunction is remanded due to the need for an addendum opinion addressing hospitalizations for diabetic ketoacidosis.

The Board has determined that the Veteran's erectile dysfunction is service connected and his entitlement to SMC at the housebound rate from March 23, 2015, is granted. The issue of peripheral neuropathy of the bilateral upper and lower extremities remains pending as it is inextricably intertwined with the claim for service connection.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for nerve damage in lower back and lower extremities due to cholesterol medicine (statins) has been denied as there is no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to August 10, 2017.

The Veteran's bilateral foot disabilities are found to be at least as functionally impaired, if not worse, than a person who has adequately functioning prosthetic devices following amputation at the ankle level. As such, he is granted a 100 percent disability rating for loss of use of both feet.

The Veteran's service-connected disabilities, including right knee replacement and peripheral neuropathy of the lower extremities, prevented him from securing or following substantially gainful employment. The Board granted a TDIU based on this finding.