Peripheral neuropathy decisions — 2021

The Board has determined that new and relevant evidence has been submitted for the claims of service connection for Type II Diabetes Mellitus, Residuals of Prostate Cancer, Skin Condition, and Peripheral Neuropathy. The Veteran's exposure to herbicide agents in Thailand is now conceded. The claims are remanded for further examination and opinion regarding the nature and etiology of these conditions.

The Veteran's bilateral hearing loss and tinnitus are rated as 10 percent each, with no higher ratings available.,The Veteran's diabetes mellitus is not service connected due to lack of exposure to herbicides and absence of a showing of in-service onset or continuity of symptomatology.,The Veteran's diabetic peripheral neuropathy was not initially manifested during service, may not be presumed to have been incurred during service, and is not otherwise related to service.

The Board has decided to remand the service connection claims for diabetes mellitus, type II; peripheral neuropathy of the bilateral upper and lower extremities; and a heart disorder due to in-service exposure to hazardous chemicals. A new VA opinion is needed to address these claims.

The Veteran's PTSD is currently rated at 50 percent prior to March 19, 2021 and at 70 percent thereafter. The reduction in the rating for diabetes mellitus, type II from 20 percent to 10 percent was not proper.,Service connection has been granted for peripheral neuropathy of the left lower extremity secondary to service-connected diabetes mellitus, type II.

The Veteran's pneumonia is granted as service connected. The Board has remanded several other issues for further development and consideration.

The Board denied the Veteran's claim for service connection for bilateral tibial axonal neuropathy of the lower extremities, finding that it was not incurred in or related to his military service, including exposure to herbicide agents. The Board also found no evidence of a nexus between the condition and his service-connected right leg disability.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's left peroneal motor neuropathy and his military service, including a January 1998 knee injury. The case will be returned for further development.

The Board has withdrawn the Veteran's claim for diabetes mellitus type II and has remanded his claims for hypertension, cataracts, urinary tract disability (claimed as kidney condition), bilateral lower extremity neuropathy, and bilateral upper extremity neuropathy due to potential service connection based on herbicide exposure.

For the rating period prior to March 26, 2014, the Veteran's service-connected disabilities did not meet the threshold requirements for TDIU and they do not render him unemployable.,From March 26, 2014, the Veteran is in receipt of a 100% disability rating for aortic stenosis with stable angina, status-post heart valve replacement. The issue of entitlement to a TDIU from this date is dismissed as moot due to his already receiving SMC benefits.

The Veteran's appeal for a higher rating for his right ankle disability is denied. The Board finds that the preponderance of evidence does not support a rating in excess of 10 percent. For service connection, the case is remanded as there are issues regarding bilateral foot conditions and their relationship to service.

The Veteran's service-connected disabilities, including PTSD and diabetes-related neuropathies in all four limbs, render him unable to secure and follow a substantial gainful occupation.

The Board has determined that the Veteran's liver disability, bilateral foot disability, and neuropathy of the bilateral upper extremities are not service-connected as they did not manifest during active duty or are not related to any in-service injury or disease.

The Board has determined that there is a need for additional medical opinion regarding the Veteran's peripheral neuropathy, as no VA examiner has provided an opinion on whether it is related to service, including conceded herbicide exposure. The case is being remanded for further evaluation.

The Board has ordered the VA to obtain additional medical records and remand several issues related to the Veteran's right upper extremity polyneuropathy, including his initial rating claim from September 17, 2012, a higher rating claim from September 5, 2019, and a highest possible rating claim from November 13, 2020. The TDIU claim is also remanded for further development.

The Board denied the Veteran's claim for service connection for median neuropathy carpal tunnel syndrome, claimed as a right-hand disability. The Board found that there was no evidence of continuity of symptomatology and that the current diagnosis is not related to service or a service-connected condition.

The Veteran's service connection claims for a left leg condition and blood abnormalities are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's neurological conditions, other than tremors, are not related to his service and therefore denied these claims.

The Veteran's radiculopathy of the bilateral femoral nerves and peripheral neuropathy of the left sciatic nerve have been rated based on their severity, with moderate symptoms for both conditions.,The service-connected surgical scar associated with degenerative disc disease with lumbar stenosis has not been assigned a compensable evaluation.

The Veteran's service-connected disabilities, including diabetes mellitus, chronic diarrhea, ischemic heart disease, peripheral neuropathy, and PTSD with depression and anxiety, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a TDIU based on this finding.

The Board has decided to remand the Veteran's claims for additional development due to inadequate examination reports and failure to consider all relevant evidence. Specifically, new VA examinations are needed to assess the severity of his gout, migraines, right shoulder disability, and upper extremity disabilities.