Peripheral neuropathy decisions — 2004

The Board denied the veteran's claims for a disability rating in excess of 30 percent for partial neuropathy of the left peroneal nerve, service connection for a low back disability, and service connection for a left knee disability. The claim for residuals of a fracture of the middle finger of the right hand was not addressed as it is not related to service connection.

The Board found that the veteran does not have peripheral neuropathy of the lower extremities and his loss of anal sphincter control is reasonably related to his service-connected residuals of prostate cancer. The claim for service connection was denied.

The veteran's claims for increased evaluations for peripheral neuropathy of the right and left lower extremities, service connection for hypertension as secondary to diabetes mellitus, Type 1, and special monthly compensation based on loss of use of the left lower extremity were denied.

The veteran's irritable bowel syndrome was found to have its onset during service and is therefore granted service connection. The claim for peripheral neuropathy, which the Board remanded, will be addressed in a separate decision.

The veteran's claims for increased evaluations of his service-connected conditions were denied. The neuropathy of the left saphenous nerve was not found to warrant an evaluation in excess of 10 percent, and there was no evidence of scars or arterial graft complications that would justify a compensable rating.

The veteran's appeal is being remanded for additional development, including new examinations and a review of his treatment records. The issues include increased evaluations for post-traumatic stress disorder and peripheral neuropathy of the hands, as well as entitlement to TDIU.

The Board has granted an effective date of January 27, 2000 for the award of service connection for PTSD. The veteran's claim for TDIU benefits remains pending.

The Board has determined that the veteran's combined service-connected disabilities meet the criteria for a TDIU, granting his claim.

The veteran withdrew his appeal for all issues except the Gulf War exposure claim. The other claims are dismissed.

The veteran is seeking an increased rating for her service-connected bilateral pes planus, currently evaluated at 30 percent. The Board has determined that a VA examination of the veteran's feet by an appropriate specialist is necessary to determine the current nature and severity of her condition.

The VA denied the veteran's claim for an initial disability rating greater than 20 percent for diabetes mellitus, as his condition is not insulin-dependent and controlled with oral medication and a restricted diet.

The Board denied the veteran's claims for service connection for a shortened right leg, a right ankle disability, and bilateral leg neuropathy due to an electrical shock received in service. The evidence did not support these claims.

The veteran has postoperative neuropathy of the right foot that developed as a result of a VA surgical procedure in 1995. The Board found this to be an unexpected and unforeseeable consequence, meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The Board is considering the veteran's claims for PTSD and peripheral neuropathy, including reopening of a claim for service connection. The evaluation for PTSD remains at 30 percent, but further evidence may be needed to determine if it warrants an increased rating. Service connection for peripheral neuropathy due to herbicide exposure is being considered based on presumptive criteria, though the veteran's history and symptoms suggest other potential causes.

The veteran's appeal is being remanded for further development of his claims, including obtaining VA treatment records and scheduling him for a VA examination.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for diabetes mellitus with peripheral neuropathy.

The Board has determined that the VA examination is inadequate for appellate adjudication and remands the case to obtain a new VA examination.

The veteran's combined nonservice-connected disability rating is 70%, which does not meet the threshold requirement for special monthly pension based on need for regular aid and attendance or housebound status.

The veteran is disabled due to multiple conditions and requires regular aid and attendance, qualifying for special monthly pension benefits.

The Board denied the appellant's claim for service connection for type-II diabetes mellitus with peripheral neuropathy, nephropathy, and retinopathy, claimed as loss of eyesight, based on alleged exposure to herbicide agents during his service aboard a naval ship off the coast of Vietnam. The Board found that the appellant did not have 'service in the Republic of Vietnam' for purposes of VA compensation benefits.