Peripheral neuropathy decisions — 2004

The veteran's service connection claims for postoperative residuals peripheral vascular disease with claudication, neuropathy and leg pain, and tension headaches due to an undiagnosed illness are denied as there is no evidence of a direct service origin.

The VA denied the veteran's claim for service connection for peripheral neuropathy, attributing it to herbicide exposure. The Board found no evidence of a current disability and concluded that there is no positive association between the veteran's claimed condition and his military service or herbicide exposure.

The Board denied an increased disability evaluation for service-connected trench foot, bilateral, with peripheral neuropathy, hypertrophic changes of the tarsal bones, and diminished popliteal, anterior tibial, and dorsalis pedis pulses.

The veteran's cause of death was staphylococcal sepsis due to bacterial peritonitis, with other significant conditions including chronic renal failure and diabetes mellitus. The Board has determined that the veteran's diabetes mellitus is presumed to have been caused by his service exposure to Agent Orange, leading to a grant of service connection for the cause of death.

The Board denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that the overpayment was not solely due to VA error and that the veteran acted in bad faith.

The Board has determined that the veteran's claimed conditions were not incurred or aggravated by service. The evidence does not establish a link between any of these disabilities and his military service.

The Board found that diabetes mellitus with peripheral neuropathy was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein. The claim for psychiatric disability was reopened based on the submission of new evidence.

The Board has remanded the case due to new evidence submitted by the veteran and requests for additional records from VA facilities. The appeal will be reconsidered after these actions.

The Board found that the veteran's service-connected conditions did not contribute substantially or materially to his death from coronary artery disease and ischemic cardiomyopathy. The cause of death was listed as coronary artery disease and ischemic cardiomyopathy.

The Board has reopened the veteran's claim for service connection of peripheral neuropathy as secondary to lithium use for his service-connected psychiatric disorder. The Board found that there is a reasonable possibility that lithium use caused or aggravated the veteran's current peripheral neuropathy.

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

The veteran's claims for increased disability ratings for tendonitis of the left elbow with ulnar neuropathy and epicondylitis of the right elbow are being remanded due to the need for additional medical examination and information.

The Board has granted service connection for peripheral neuropathy, finding that the veteran's condition is at least as likely as not caused by his presumed exposure to herbicide agents in Vietnam.

The veteran's service connection claims for diabetes mellitus, bilateral plantar fasciitis, vascular malformation of the right forearm, ulcerative colitis, tinea cruris and onychomycosis of the toenails, and panic disorder and major depression are all denied.,Service connection is granted for tinea pedis (toenail fungus) based on service connection already established.

The Board denied the veteran's claims of service connection for peripheral neuropathy of the left arm and a skin disorder, both as due to herbicide exposure, finding that no new and material evidence had been submitted.

The veteran's claims for diabetes mellitus Type II, diabetic retinopathy, peripheral neuropathy, diabetic periodontitis, and hypertension are being remanded due to the need for additional evidence regarding his exposure in Vietnam.

The Board found that the appellant's progressive muscular atrophy with peripheral motor polyneuropathy was not incurred during or as a result of his active military service and denied the claim.

The veteran's claim for an evaluation in excess of 10 percent for right ilioinguinal neuropathy was denied, but he received a separate 10 percent rating for a tender scar from VA surgical treatment. The claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the right lower extremity as a result of VA treatment was granted.

The veteran's appeal is being remanded for further examination and consideration of his claim for service connection for peripheral neuropathy, including the possibility that it may be related to diabetes mellitus or exposure to Agent Orange.

The veteran's service-connected disabilities, including PTSD and peripheral neuropathy of the lower extremities, require the daily personal health care services of a skilled provider without which he would need institutional care. The Board finds that these conditions meet the criteria for SMC based on the need for regular aid and attendance.