Peripheral neuropathy decisions — 2001

The Board has denied the veteran's claim for service connection for peripheral neuropathy, claimed as due to Agent Orange exposure. The RO conceded that the veteran was exposed to herbicide agents during his service in Vietnam but denied service connection based on lack of evidence showing acute or subacute peripheral neuropathy within a year after exposure.

The Board denied the veteran's claims for an earlier effective date for service connection for post-traumatic stress disorder and for compensation under 38 U.S.C.A. § 1151 due to a fall at a VA facility, finding that new evidence did not warrant reopening of his claims.

The veteran's spouse was granted an increased disability rating for diabetes mellitus, diabetic retinopathy, and peripheral neuropathy of the lower extremities for accrued benefits purposes. The spouse also received special monthly compensation due to being housebound effective from June 22, 1999.

The Board has determined that the veteran's lower brachial plexus traction neuropathy with acromioclavicular joint arthritis warrants an increased evaluation to 30 percent.

The Board found that the veteran's service-connected right inguinal neuropathy with chronic pain and dysesthesia, status post nerve cryoablation, did not result in urinary system dysfunction or infection, nor did it result in an inguinal hernia. The initial disability rating for a right radical orchiectomy was also denied.

The Board found no evidence that the veteran's peripheral neuropathy was caused by his service-connected dermatitis or any other treatment for a service-connected condition.

The veteran's peripheral neuropathy is related to his service in Vietnam, where he was exposed to Agent Orange. The Board grants service connection for this condition.

The Board denied an increased evaluation for the veteran's service-connected right index finger disability, which was currently rated at 10 percent.

The Board has remanded the case for additional development due to new provisions in the Veterans Claims Assistance Act of 2000 and other legal requirements.

The Board has remanded the case to the RO for scheduling a Travel Board hearing and further consideration of the issues. The appellant's claims for service connection are on appeal, but no specific rating or effective date is provided.

The Board denied the veteran's request for waiver of overpayment of VA disability compensation benefits, finding that recovery would not be against equity and good conscience due to the veteran's incarceration status.

The Board denied the veteran's claims for service connection for peripheral neuropathy of the upper and lower extremities, heart disorder and hypertension, dementia secondary to PTSD, left ear hearing loss disability, left ear infection, and perforation of the left tympanic membrane. The 20 percent rating assigned for gunshot wound injury to Muscle Group XVII was also denied.

The Board found that the veteran's service-connected disabilities did not contribute substantially or materially to his death. The cause of death was terminal lung cancer, which is unrelated to active service.

The Board has remanded the cases due to a previous decision denying service connection for peripheral neuropathy as secondary to Agent Orange exposure, an increased evaluation for hypertension, and an increased evaluation for bronchitis and COPD. The cases will be reconsidered by the Board.

The Board denied the veteran's claims for service connection for chloracne, peripheral neuropathy, and sterility as a result of exposure to Agent Orange. The left inguinal hernia claim was granted with a 30% evaluation, but no compensable rating was assigned for ilioinguinal nerve entrapment.

The Board denied the veteran's claims for service connection and increased evaluation, finding no new evidence to reopen his claim of second degree burn scars. The other issues were also denied.

The veteran's claimed conditions were not shown to be related to service, including his Persian Gulf War service. The RO denied the veteran's claims for service connection.

The Board denied the veteran's claims for higher ratings for residuals of bilateral frozen feet before January 12, 1998 and after that date. The appeal is dismissed.

The veteran's claims for increased evaluations and service connection were denied. The RO has developed all evidence necessary, but the residuals of shrapnel wounds are not shown to warrant higher ratings.