Peripheral neuropathy decisions — 2021

The Board found that the Veteran's cervical spine disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,Similarly, the Board determined that the Veteran's low back disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,The Board also found that the Veteran's right knee disability did not have its onset during active service, was not caused by a disease or injury incurred in service, and arthritis did not manifest within one year after service discharge.,Regarding COPD, the Board concluded that it did not have its onset during active service and was not caused by a disease or injury incurred in service.,The Veteran's neuropathy of the right upper extremity (claimed as numbness of the right hand) and neuropathy of the left upper extremity (claimed as numbness of the left hand) were also found to have no onset during active service, be unrelated to any disease or injury incurred in service, and not manifest within one year after service discharge.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for further development. The issues include lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, shoulder disabilities, peripheral neuropathy, alcohol use disorder, GERD, and erectile dysfunction.

The Veteran's claim for increased ratings for his service-connected peripheral neuropathy and radiculopathy of the left lower extremity is being remanded due to an internally inconsistent VA examination report. The case will be readjudicated after obtaining a new examination.

The Board has remanded four separate claims for service connection for peripheral neuropathy of the upper and lower extremities due to inadequate medical opinions in the original decision. The Veteran's current diagnoses are peripheral neuropathy, which may be related to his diabetes or a prior cerebrovascular accident.

The Board has remanded the claims for bilateral essential tremors and neurological condition of the feet due to additional development being required. The Veteran's service in Vietnam is conceded, but his essential tremors are not presumed as Parkinsonism under 38 C.F.R. § 3.309(e). The neurological conditions of the feet may have early onset related to Agent Orange exposure.

The Veteran's appeal of service connection for hearing loss was dismissed. Service connection was granted for diabetes mellitus, a bilateral eye disability (diabetic retinopathy and loss of vision), PTSD, peripheral neuropathy of the upper and lower extremities, thyroid disorder, and sleep disorder.

The Veteran's unspecified depressive disorder is granted service connection. The claims for diabetes mellitus and peripheral neuropathy are remanded due to the need for additional evidence regarding in-service exposure.

The Board denied service connection for ED as secondary to diabetes mellitus, type II. The Veteran appealed this decision and the Court vacated it.,The Board also denied service connection for hypertension on a direct or secondary basis (to herbicide exposure or CAD).,Service connection was denied for macular degeneration as secondary to diabetes mellitus, type II.,Service connection was denied for kidney disease as secondary to diabetes mellitus, type II.,Service connection was denied for right upper extremity peripheral neuropathy as secondary to diabetes mellitus, type II.,Service connection was denied for left upper extremity peripheral neuropathy as secondary to diabetes mellitus, type II.,Service connection was denied for right lower extremity peripheral neuropathy as secondary to diabetes mellitus, type II.,Service connection was denied for left lower extremity peripheral neuropathy as secondary to diabetes mellitus, type II.

The Board denied the Veteran's claim for service connection for his bilateral lower extremity disability, including neuropathy and peripheral vascular disease. The evidence did not establish a link between these conditions and service.

The Veteran's left leg peroneal neuropathy is being remanded for a new VA medical opinion to determine if it was caused by the March 2010 hip surgery and whether this could be considered carelessness, negligence or lack of proper skill on the part of VA.

The Board has remanded the claims for service connection for right and left upper extremity peripheral neuropathy, as secondary to diabetes mellitus type II. The Veteran's attempt to obtain his October 2012 private treatment records was not successful due to non-compliance with the Board's remand directives.

The Veteran's claim for a 10 percent evaluation, but no higher, for neuropathy of the left lower extremity is granted. The Board has also remanded cases regarding service connection for a left shoulder condition and low back condition due to insufficient medical opinions addressing the etiology of these conditions.

The Veteran's PTSD is granted a 50% rating, effective March 22, 2011. The initial ratings for diabetes mellitus (20%), peripheral neuropathy of the right lower extremity (20%), and left lower extremity (20%) are granted. Erectile dysfunction remains denied. Service connection is remanded for joint pain, bilateral cataracts, sleep apnea, lumbar spine disability, and hypertension.

The Veteran's service-connected disabilities, including back disability, left lower extremity radiculopathy, right and left big toe joint disabilities, head injury residuals, osteoarthritis of the right hip with limited extension, internal hemorrhoids, peripheral neuropathy of the right toes, and bilateral hearing loss, have prevented him from engaging in substantially gainful employment since January 1, 2016. As a result, TDIU is granted.

The Board has vacated the February 2018 decision on several service connection claims due to a misinterpretation of the line of duty determination. The claims are now remanded for further development, including obtaining missing service treatment records and scheduling VA examinations.

The Board has remanded the Veteran's claims for service connection for type 1 diabetes, loss of pancreatic function, and peripheral neuropathy of the lower extremities due to diabetes. The claims are being returned for further review with a new VA opinion.

The Veteran is granted a higher rating for SMC under section 1114(o) and awarded two separate ratings of SMC based on loss of use of both feet due to service-connected peripheral neuropathy and need for regular aid and attendance.

The Veteran's claim for a higher rating for IVDS of the lumbar spine was granted, and he received a 40% rating effective from October 9, 2018. The claims for left hip flexion limitation, sciatic and femoral nerve peripheral neuropathies, obturator, external cutaneous, and ilio-inguinal nerve peripheral neuropathies were also granted.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are related to in-service noise exposure. The claims for diabetic peripheral neuropathy of the upper extremities and essential tremor have been remanded due to outstanding medical records.,Service connection is granted for bilateral hearing loss and tinnitus based on evidence showing a link between service and these conditions.

The Veteran's tinnitus was granted service connection. The Board found the neck disability and bilateral upper extremity radiculopathy/neuropathy issues were remanded for further examination and evidence collection.