Peripheral neuropathy decisions — 2001

The Board has remanded the case due to new regulations and additional development is required.

The veteran's burn scars of the right thigh and leg are currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 7801.,The veteran's burn scars of the left thigh and leg are currently rated at 30 percent, which is within the criteria for a 30 percent rating under Diagnostic Code 7801.

The Board determined that the veteran was employed as an owner/manager of a liquor store from May 1990 through October 1992, and thus his TDIU rating was terminated effective June 1, 1990. The Board found fraud in connection with the receipt of unemployability benefits.

The Board denied a compensable evaluation for the veteran's service-connected costochondritis and did not grant service connection for peripheral neuropathy, which was claimed as secondary to herbicide exposure.

The veteran's bilateral femoral neuropathy is a result of surgery performed in July 1998 at the VA Medical Center, and he is entitled to compensation under 38 U.S.C.A. § 1151 for this disability. His service-connected pes planus with severe plantar fasciitis warrants an increased evaluation to 100%.

The Board has granted the appellant's claims for increased ratings for ulnar neuropathy, left index finger fracture residuals, hemorrhoids, and a laceration of the left upper thigh. The disability ratings have been increased to 10 percent each.

The Board has remanded the case due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board granted a 30 percent rating for right ulnar neuropathy and a 10 percent rating for the residual scar of the right forearm, effective from February 2000.

The Board has granted increased ratings for the veteran's service-connected cold injury residuals, including peripheral neuropathy of the right and left upper and lower extremities.

The veteran's left lower leg neuropathy is rated at 30 percent, the maximum under the applicable schedular criteria for incomplete neuropathy of the external popliteal nerve.

The Board has determined that the veteran's peripheral neuropathy is not related to service, including exposure to mustard gas and/or ionizing radiation.

The Board denied the veteran's claims for service connection for cerebellar degeneration with polyneuropathy and increased evaluations for knee disabilities. The veteran was diagnosed with these conditions after separation from active duty, and there is no evidence linking them to his military service.

The Board has remanded the case for additional development due to changes in the law, including compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims for service connection for peripheral neuropathy and hepatitis C are being reviewed.

The veteran seeks an earlier effective date for the award of nonservice-connected disability pension benefits.,The veteran also seeks an earlier effective date for the grant of service connection for PTSD. The RO has granted this claim, but not before September 19, 1997.,The veteran claims service connection for a skin disorder and peripheral neuropathy as secondary to exposure to Agent Orange (AO).,Service connection was denied for both conditions.

The Board of Veterans' Appeals has determined that the veteran's claim for service connection for peripheral neuropathy, claimed as a result of exposure to herbicide agents (Agent Orange), is denied due to lack of evidence linking the condition to his military service.

The Board has dismissed the appeal due to the veteran's death.

The Board has remanded the case due to changes in the Veterans Claims Assistance Act of 2000 and new regulations implementing it. The veteran needs to be provided with additional evidence, including medical records from various sources, and a VA examination for both demyelinating polyneuropathy and back disability claims.

The veteran's need for aid and attendance of another person was established as factually ascertainable from July 23, 1999. Effective date of special monthly pension based on the need for aid and attendance of another person is set at July 23, 1999.

The Board has determined that the veteran's PTSD, peripheral neuropathy, and skin disability are service-connected due to exposure to Agent Orange in Vietnam. Bilateral hearing loss is not addressed as it will be remanded.

The Board has determined that an earlier effective date of May 15, 1992 for a 100 percent schedular evaluation for the service-connected diabetes mellitus is warranted.