Peripheral neuropathy decisions — 2023

Entitlement to a rating of 40 percent for lumbar degenerative joint disease and spinal stenosis from January 31, 2012, to October 25, 2021, is granted.,Entitlement to a separate initial disability rating of 20 percent, but no higher, for left lower extremity neuropathy of the femoral nerve since January 31, 2012, is granted.,Entitlement to total disability rating based upon individual unemployability (TDIU) from January 31, 2012, to October 25, 2021, is granted.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the appeal is denied.,The Veteran's lumbar strain with lumbar muscle spasm requires additional development to determine if there are any functional limitations or flare-ups that affect his ability to work.,Service connection for left lower extremity neuropathy and right lower extremity neuropathy is remanded due to lack of evidence of peripheral neuropathy at the time of examination.,Service connection for dizziness and vertigo (secondary to service-connected traumatic brain injury) is remanded as there was no radiculopathy found during the lumbar spine examination.

The Board has remanded the case due to incomplete development, including a lack of VA examination regarding the Veteran's ability to work prior to his incarceration in February 2013. The Veteran is service-connected for various disabilities and meets the schedular threshold for TDIU eligibility prior to February 2013. However, the Board found conflicting evidence on whether he could secure and maintain substantially gainful employment due to his service-connected conditions.

The Board has remanded the case for a new VA examination to determine if the Veteran is in need of aid and attendance due to his service-connected disabilities, including PTSD. The examiner should consider the Veteran's wife's statement regarding her assistance with daily activities and whether his PTSD requires regular care or assistance.

The Veteran's diabetes mellitus with erectile dysfunction is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,Both his peripheral neuropathy of the right lower extremity sciatic nerve and femoral nerve are currently rated at 20 percent, and the Board finds no basis for increasing these ratings.

The Board has determined that the Veteran's bilateral lower extremity peripheral neuropathy is likely due to his exposure to herbicide agents during service, and thus grants service connection for both conditions.

The Veteran withdrew his appeals for higher initial ratings of peripheral neuropathy in both lower extremities prior to June 12, 2012.

The Veteran's GERD is rated at 30 percent, effective as of the date of this decision.,Service connection for left knee disability and left lower extremity neuropathy secondary to low back disability are granted.,TDIU is denied.

The Veteran's initial disability rating for left lower leg neuralgia has been increased to 20 percent, effective from the date of the decision. A separate 10 percent rating is granted for a surgical scar associated with his service-connected condition.

The Veteran's service-connected disabilities, including diabetes mellitus type 2 and diabetic neuropathies of the upper and lower extremities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.

The Veteran's PTSD is granted a 50% rating, diabetes mellitus type II remains at 20%, and peripheral neuropathy of the upper extremities are all granted ratings. Heart condition and TDIU issues remain pending.

The Veteran's service-connected disabilities, including diabetic peripheral neuropathy, hearing loss, and tinnitus, have rendered him unable to secure and maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service connection claim for peripheral neuropathy affecting both hands and both feet is granted based on the presumption of exposure to herbicides in Vietnam.

The Board has granted service connection for non-Hodgkin's lymphoma, diabetes mellitus type II, hypertension, erectile dysfunction secondary to diabetes mellitus, and bilateral lower extremity neuropathy secondary to diabetes mellitus. These conditions are presumed due to herbicide agent exposure in Thailand during military service.

The Board has denied service connection for the Veteran's back disability, left hip osteoarthritis, right hip osteoarthritis, LLE neuropathy, RLE neuropathy, and neck osteoarthritis. The evidence does not support a finding that any of these conditions are related to service.,The Board found no credible evidence linking current disabilities in the Veteran's back, hips, or nerves to his military service.

The Veteran's effective dates for the grants of service connection and increased ratings are set to April 18, 2021.

The Board has decided to remand the issues of entitlement to initial compensable ratings for service-connected left hand pain with numbness, right hand pain with numbness, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy due to a lack of proper notification and scheduling of VA examinations.

The Board has granted the Veteran's claims for service connection for peripheral neuropathy of both lower extremities and erectile dysfunction (ED). The evidence is at least in balance as to whether these conditions are caused by his service-connected diabetes mellitus, type II.

The Veteran's claims for increased ratings for peripheral neuropathy of the right and left lower extremities are being remanded due to inadequate compliance with previous remands. The VA is required to obtain a new examination to determine which nerves, if any, are affected by his service-connected peripheral neuropathy.

The Veteran's service-connected lumbar spine, bilateral lower extremity neuropathy, and left knee residuals are being remanded for further development of the claims.