Peripheral neuropathy decisions — 2022

The Veteran's diabetes mellitus is presumed to be related to exposure to herbicide agents in Guam during service. The Veteran's diabetic peripheral neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity are all found to be proximately due to his service-connected diabetes mellitus.

For the entire period on appeal, a disability rating of 20 percent for peripheral neuropathy (femoral nerve) of each the left and right lower extremity is granted.,Entitlement to a disability rating in excess of 10 percent for service-connected peripheral neuropathy (sciatic nerve) of the left and right lower extremities remains remanded.

The Veteran's service-connected diabetic peripheral neuropathy of the bilateral upper and lower extremities has been granted initial ratings, with effective dates ranging from July 10, 2007 to July 9, 2021. The appeal is remanded for further consideration on other issues.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and records.

The Board has granted service connection for bilateral upper extremity peripheral neuropathy as secondary to the Veteran's service-connected diabetes mellitus.

The Board denied service connection for diabetes mellitus, bilateral eye disability, bilateral kidney disability, erectile dysfunction, and peripheral neuropathy of the upper and lower extremities as there was no evidence linking these conditions to service or service-connected disabilities.

The appeal for a higher rating for diabetes mellitus type II is dismissed.,PTSD has been granted an initial 70 percent rating, but no higher.,Right lower extremity neuropathy of the sciatic nerve remains at 20 percent.,Left lower extremity neuropathy of the sciatic nerve remains at 20 percent.,Right lower extremity radiculopathy of the femoral nerve has been granted a 20 percent rating.,Left lower extremity radiculopathy of the femoral nerve has been granted a 20 percent rating.

The Veteran's bilateral hearing loss is not service-connected as it did not have onset during or within one year after separation from service and there is no evidence of in-service noise exposure that could cause the current condition.,The Veteran's diabetes mellitus, type II is not service-connected as there is no evidence showing its onset during service or being related to an in-service event, injury, or disease. The diagnosis was made post-service.,There is no diagnosed bilateral eye condition due to service or service-connected disease or injury.,The Veteran's kidney condition is not service-connected as it did not have onset during service and there is no evidence showing its relation to a service-connected disability.,The Veteran's erectile dysfunction is not service-connected as it did not have onset during service, is not secondary to a service-connected disability, and there is no evidence of in-service exposure that could cause the condition.,The Veteran's peripheral neuropathy of the left lower extremity is not service-connected as it did not have onset during service, is not secondary to a service-connected disability, and there is no evidence of in-service exposure that could cause the condition.,The Veteran's peripheral neuropathy of the left upper extremity is not service-connected as it did not have onset during service, is not secondary to a service-connected disability, and there is no evidence of in-service exposure that could cause the condition.,The Veteran's peripheral neuropathy of the right lower extremity is not service-connected as it did not have onset during service, is not secondary to a service-connected disability, and there is no evidence of in-service exposure that could cause the condition.,The Veteran's peripheral neuropathy of the right upper extremity is not service-connected as it did not have onset during service, is not secondary to a service-connected disability, and there is no evidence of in-service exposure that could cause the condition.,There is no diagnosed skeletal arthritis or gout due to service or service-connected disease or injury.

The Veteran's service-connected disabilities, including prostate cancer, diabetes mellitus type II, peripheral neuropathy of the bilateral upper and lower extremities, tinnitus, erectile dysfunction, and left ear hearing loss, prevent him from securing and following a substantially gainful occupation. As his combined rating is at least 70 percent due to these conditions, he has been granted total disability evaluation based on individual unemployability (TDIU).

The Veteran's TBI residuals, diabetes mellitus, peripheral polyneuropathy of the bilateral legs, gastroesophageal reflux disorder, and respiratory disability are granted. The Veteran's left eye photophobia and right eye photophobia are denied.

The Board denied the Veteran's claims for service connection for various disabilities, including back and neck conditions, peripheral neuropathy of the upper and lower extremities, hypertension, and a sleep disorder. The evidence submitted was found to be new but not relevant to the claims.

The Board denied service connection for left upper extremity neuropathy, left index finger condition, acquired psychiatric disorder (claimed as insomnia, anxiety, and depression), IBS, and DM II.,The Veteran did not provide evidence of current disabilities at the time of the September 2020 decision.

The Veteran's appeal for a rating in excess of 10 percent for bilateral plantar fasciitis is denied. The Veteran meets the criteria for TDIU based on service-connected disabilities.

The Board denied service connection for right and left upper extremity diabetic peripheral neuropathy, finding no current diagnosis of the condition related to service or service-connected diabetes mellitus.

The Board has remanded the Veteran's claims for service connection for various disabilities due to a duty-to-assist error in not obtaining VA treatment records from the 1970s. The Veteran is required to provide complete copies of these records.

The Veteran was granted an effective date of April 2, 2019 for a total disability based on individual unemployability (TDIU) due to his service-connected disabilities.,The Veteran's eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 was also granted an effective date of April 2, 2019.

The Veteran's disability rating was reduced from 100% to 80%, effective February 1, 2015. The Board found that the reduction was based on clear and unmistakable error (CUE) in applying the provisions of 38 C.F.R. § 3.343.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, as they affect his ability to perform daily activities and protect himself from hazards.

The Board has dismissed all appeals regarding the Veteran's service connection claims for various conditions, including diabetes mellitus, peripheral neuropathy, Parkinson's disease, and coronary artery disease. The appeal is dismissed due to the Veteran's death.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since June 29, 2006. The Board has granted a TDIU effective from that date.