Peripheral neuropathy decisions — 2023

The Board has remanded the case due to conflicting evidence regarding the contribution of service-connected disabilities to the Veteran's functional impairment and for obtaining private treatment records.

The Veteran's initial rating for left upper extremity diabetic neuropathy was denied as it did not meet the criteria for a higher disability rating.,For the initial rating period from July 30, 2016 to January 2022, the Veteran's left lower and right lower extremity diabetic neuropathies were each rated at 20 percent.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding her exposure to herbicide agents and other chemicals at Fort McClellan, Alabama. The AOJ is instructed to verify these exposures and then decide the claims based on the new information.

The Veteran's claims for increased ratings for various Parkinson's disease residuals were denied. The highest possible rating of 30 percent was assigned for irritable bowel syndrome, and the Veteran is already receiving that maximum rating.

The Board has remanded the claims for higher ratings for various right lower extremity neurological disabilities due to new evidence received since a November 2022 Supplemental Statement of the Case.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied. The initial disability rating of 20 percent for left hand peripheral neuropathy prior to June 16, 2022, and the subsequent increase to 20 percent thereafter is granted. However, the issue of service connection for various conditions including lung disability, sleep apnea, hypertension, erectile dysfunction, Pseudofolliculitis Barbae (PFB), and Temporary Total Evaluation due to treatment for a service-connected condition requiring convalescence remains pending.

The Veteran's service-connected disabilities, including diabetes mellitus type II and neuropathy of the extremities, rendered him unable to secure or follow substantially gainful employment from January 11, 2019 to September 18, 2019. Prior to this period, his diabetes alone did not prevent him from securing and following such employment.

The Veteran's claims for service connection have been reopened, but the Board is remanding several of his remaining claims due to a lack of recent VA examinations and medical opinions.

The Veteran's claims for service connection have been granted, but the issues are being remanded due to insufficient evidence.

The Veteran's request to reopen claims for service connection for hypertension and erectile dysfunction has been granted. Service connection is also granted for left eye diabetic retinopathy, bilateral hearing loss, right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy, right lower extremity diabetic neuropathy, and left lower extremity diabetic neuropathy.,The Veteran's request to reopen a claim for service connection for residuals of colon cancer has been denied. The Board also remanded the issue of service connection for an acquired psychiatric disorder, including PTSD, due to new evidence suggesting it may be related to his sleep apnea.

The Veteran was granted a TDIU prior to September 29, 2016, due to his service-connected disabilities preventing him from securing or following any substantially gainful occupation.,Initial ratings of 40 percent were granted for neuropathy of the right and left lower extremities, with an extraschedular rating for retinopathy.

The Veteran's claim for a higher rating for diabetes mellitus was denied as his disability did not require one or more daily injections of insulin and regulation of activities.,The Veteran's claim for an earlier effective date for TDIU was also denied, as there is no evidence that he was unable to work due to his service-connected disabilities prior to August 31, 2022.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to May 13, 2008.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain gainful employment, leading to the denial of a TDIU for accrued benefits.

The Board has determined that the Veteran's bilateral carpal tunnel syndrome does not meet or approximate criteria for a higher rating, as the symptoms do not warrant ratings in excess of 40 percent for right carpal tunnel syndrome with ulnar involvement and in excess of 30 percent for left carpal tunnel syndrome with left ulnar neuropathy.

The Veteran's claims for service connection for respiratory failure, upper and lower extremity neuropathies are remanded due to insufficient evidence of record.

The Board has remanded the case for further examination and clarification regarding the Veteran's ability to work due to his service-connected disabilities, particularly diabetes mellitus type II and its associated peripheral neuropathy.

Service connection for back disability is granted.,Service connection for neck disability, right ankle disability, and left ankle disability are denied. Service connection for neuropathy affecting the right lower extremity and left lower extremity is remanded.

The Board has remanded the claims for additional examination and review of medical records to determine if ratings in excess of those granted could be awarded due to new evidence showing additional clinical findings and diagnoses relevant to the Veteran's claim.

The Veteran's hearing loss is granted as service connection due to in-service noise exposure.,Degenerative arthritis of the spine is granted as service connection based on continuity of symptomatology since service.