Peripheral neuropathy decisions — 2021

The Veteran's service-connected disabilities, including depressive disorder, diabetes mellitus, and multiple orthopedic conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's peripheral neuropathy of the right and left lower extremities (sciatic nerve) is currently rated at 10 percent each, with separate ratings for the femoral nerves. The appeals are denied as the disability does not warrant a higher rating.

The Veteran's right arm ulnar nerve neuropathy rating was reduced from 70% to 10%, now 30%. The Board has restored the 70% rating as of November 1, 2017.

The Board has remanded two issues related to peripheral neuropathy of the right and left lower extremities due to new evidence indicating an increase in severity since the last examination.

The Board has granted service connection for polyneuropathy of the right lower extremity, finding that it is etiologically related to the Veteran's in-service exposure to herbicide agents (Agent Orange).

The Board has determined that the VA examinations and opinions for service connection of diabetes mellitus, diabetic neuropathy of the lower and upper extremities were not conducted prior to the February 2021 and October 2021 AMA rating decisions. The appellant's Air Force Reserve service is considered a period of active duty training (ACDUTRA), which does not qualify for presumptive service connection under VA law.

The Veteran's neurobehavioral effects, including carpal tunnel syndrome, headaches, dizziness, vertigo, autonomic neuropathy, anxiety disorder and major depressive disorder, may be related to his exposure to contaminated water at Camp Lejeune during service. The Board finds a need for further examination to determine the etiology of these conditions.

The Veteran's service-connected disabilities, including RLE and LLE peripheral neuropathy, diabetes mellitus type II, and erectile dysfunction, have rendered him unable to secure or follow a substantially gainful occupation since at least March 2006. Effective from December 17, 2009, the Veteran is granted an effective date for TDIU.

The Board has granted service connection for left and right upper extremity peripheral neuropathy, finding that the conditions are causally related to presumed in-service herbicide exposure.

The Veteran's appeals for increased ratings for peripheral neuropathy of the upper and lower extremities, as well as diabetes mellitus type II, were denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Veteran's PTSD prior to February 22, 2021, and from February 22, 2021, is not rated higher than the current 30 percent and 70 percent disability ratings respectively.,The Veteran's peripheral neuropathy of the left upper extremity does not meet or exceed a 10 percent rating as there are no symptoms such as constant pain, severe intermittent pain, moderate paresthesias and/or dysesthesias, or moderate numbness without muscle atrophy. The current 10 percent disability rating is maintained.,The Veteran's peripheral neuropathy of the right upper extremity does not meet or exceed a 10 percent rating as there are no symptoms such as constant pain, severe intermittent pain, moderate paresthesias and/or dysesthesias, or moderate numbness without muscle atrophy. The current 10 percent disability rating is maintained.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) is denied. The Board found that the Veteran did not meet the criteria for TDIU due to his service-connected disabilities, as they did not render him unable to secure or follow substantially gainful employment.

The Board is remanding the claims for an initial rating in excess of 20 percent for peripheral neuropathy of the left and right lower extremities, as well as a higher rating for diabetes mellitus.,Additional development is needed to determine the nature and severity of the Veteran's peripheral neuropathy and diabetes mellitus.

The Veteran's TDIU claim is granted as of September 12, 2018 due to his service-connected disabilities meeting the schedular criteria for a TDIU.

The Board has denied service connection for left shoulder degenerative arthritis and right shoulder degenerative arthritis. The Veteran's claims of bilateral upper and lower extremity neuropathy secondary to diabetes mellitus type II are remanded.,Service connection is not granted for the claimed conditions as there is no evidence of a nexus between the current diagnoses and active service.

The Board has granted service connection for polyneuropathy of the right lower extremity, finding that it is etiologically related to the Veteran's in-service exposure to herbicide agents (Agent Orange).

The Veteran's claims for service connection for various conditions, including diabetes mellitus, heart disorder, respiratory disorder, and neuropathy of the extremities, have been denied as there is no current disability or evidence linking these conditions to service.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his combined rating is 40%, which allows for referral to the Director of Compensation Services for extra-schedular consideration. The Board found that while the Veteran's disabilities cause some functional impairment and impact his ability to perform strenuous jobs, they do not preclude all substantially gainful employment based on his educational and occupational history.

The Veteran's claims for service connection for tooth loss, DMII, diabetic peripheral neuropathy of the bilateral lower extremities, osteoarthritis, and hypertension have all been denied. The Board found that there was no evidence of in-service exposure to Agent Orange or other herbicides, and thus the presumption of herbicide exposure does not apply.,The Veteran's service treatment records did not indicate any dental issues during service, nor were they diagnosed until many years after separation from service.

The Board denied the Veteran's claims for service connection for residuals of a spinal tap, neuropathy of the bilateral lower extremities as secondary to residuals of a spinal tap, low back disability as secondary to residuals of a spinal tap, and cysts as secondary to residuals of a spinal tap due to lack of evidence supporting these conditions during service.