Peripheral neuropathy decisions — 2021

The Board has dismissed the appeals for increased ratings for various peripheral neuropathy conditions and diabetes mellitus, type II as the appellant's representative requested withdrawal of the appeal.

The Board has remanded the Veteran's claims for service connection for bilateral upper and lower extremity neuropathies due to exposure to contaminated water at Camp Lejeune. The case is returned to the Board for further review.

The Veteran's claims for increased evaluations and service connection are being remanded due to the addition of new evidence, including a VA male reproductive examination addressing his erectile dysfunction and prostate claims; a June 2018 VA examination addressing his heart disability; and VA medical records associated in June 2018 which include treatment and diagnosis of his claimed skin disability, diabetic foot examinations, diabetic neuropathy diagnoses, and diabetes mellitus treatment and diagnosis. The Board also notes the Veteran's alleged herbicide exposure during service.

The Veteran withdrew his appeals regarding the claims of entitlement to an initial rating in excess of 70 percent for PTSD, an initial rating in excess of 10 percent for right lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020, a rating in excess of 20 percent for right lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020, an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy (sciatic nerve) prior to December 7, 2020, a rating in excess of 20 percent for left lower extremity peripheral neuropathy (sciatic nerve) from December 7, 2020, a compensable initial rating for erectile dysfunction, a compensable initial rating for bilateral diabetic retinopathy prior to February 5, 2021, and a disability rating in excess of 10 percent for bilateral diabetic retinopathy from February 5, 2021.,The Veteran also withdrew his appeals regarding the claims of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to December 7, 2020 and Dependents' Educational Assistance (DEA) prior to December 7, 2020.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of his lower extremities, as they may be related to his presumed exposure to herbicide agents during service. The case will need further examination and opinion.

The Board has granted service connection for right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, coronary artery disease, and type II diabetes mellitus on a presumptive basis due to exposure to herbicides during service.

The Veteran's diabetes mellitus, type II and Parkinson's disease are granted as presumptively incurred due to herbicide exposure during service.,Service connection is granted for the Veteran's neuropathy of the bilateral upper and lower extremities as secondary to his service-connected diabetes mellitus.,Service connection is denied for malignant fibrous histiocytoma, as there were no records found.

The Board has remanded the case due to insufficient opinions regarding service connection for peripheral neuropathy of bilateral upper extremities, including as related to exposure to herbicide agents and/or secondary to a service-connected back disability.

The Board has remanded the cases for further development to address whether the Veteran's bilateral upper extremity symptoms, including numbness and pain, are related to his service-connected diabetes.

The Veteran's claims for service connection for type 2 diabetes mellitus and related peripheral neuropathy were dismissed due to the death of the Veteran.

The Board has granted service connection for the Veteran's peripheral neuropathy of the upper and lower extremities as secondary to his service-connected PTSD with anxiety.

The Veteran's claims for clothing allowances due to the use of a back brace and left knee brace in 2018 are granted. However, his claims for Clotrimazole cream, Hydrocortisone cream, and Lidocaine ointment causing damage to his outer garments in 2016 were denied.,The Veteran's service-connected conditions do not meet the criteria for a clothing allowance due to use of prosthetic or orthopedic appliances or medication. The Board found that the medications did not cause irreparable damage to his outer garments.

The Veteran's appeal includes issues regarding an increased evaluation for his service-connected residuals of a right tibial stress fracture with neuropathy of the right musculocutaneous (superficial peroneal) nerve, as well as effective dates for service connection for TBI and post-trauma migraine headaches.,Effective date claims for both TBI and post-trauma migraine headaches associated with TBI have been denied.

The Veteran's back disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy have been granted service connection. The Veteran's diabetes mellitus and obstructive sleep apnea (OSA) have not been granted service connection.,Service connection for the Veteran's back disability is granted as it is etiologically related to his service. Service connection for left lower extremity and right lower extremity peripheral neuropathy are also granted as they are caused by his back disability.

The Veteran's diabetes mellitus was rated at 20% since the initial grant of service connection, but his peripheral neuropathy of the left and right lower extremities has been granted a 20% rating from January 11, 2018.,Prior to January 11, 2018, the Veteran's peripheral neuropathy was rated at 10%, while it is now rated at 20%.

The Veteran's claim for an earlier effective date for the grant of service connection and separate ratings for his bilateral upper and lower extremity diabetic-related peripheral neuropathy was denied.,An earlier effective date of November 16, 2009, though no earlier, is granted for the award of service connection for left lower extremity peripheral neuropathy associated with diabetes mellitus.

The Veteran's service-connected PTSD and diabetic sensory-motor peripheral neuropathy have prevented him from securing or following a substantially gainful occupation since June 30, 2013. The Board has granted the TDIU claim for this period.

The Veteran's claims for service connection for type II diabetes mellitus, bilateral lower extremity peripheral neuropathy, and eye disorder are denied as there is no evidence of herbicide exposure during service or a link to the conditions.

The Veteran's bilateral hearing loss is denied as there is no evidence of in-service noise exposure or a connection to service.,A TDIU from November 23, 2015 is granted due to the Veteran's service-connected diabetic peripheral neuropathy preventing him from securing and following substantially gainful employment.

The Board has remanded the cases for obtaining updated treatment records from VA clinics and facilities where the Veteran received care between 2010 and 2019.