Peripheral neuropathy decisions — 2005

The Board has determined that the veteran's motor and sensory neuropathy of the legs, claimed as numbness of the legs and hands, was not incurred in or aggravated by active service.

The Board has determined that the veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment, and thus grants a total disability evaluation based on individual unemployability.

The Board has determined that the veteran's lumbar laminectomy residuals warrant a schedular rating of 60 percent, effective from September 23, 2002.

The Board has denied all service connection claims for various conditions, finding no competent evidence of current disabilities related to the veteran's recognized military service.

The veteran's initial evaluations for PTSD, malaria, and diabetes mellitus were granted. However, the RO found that an evaluation in excess of 20 percent for diabetes mellitus is not warranted due to his current treatment regimen.

The Board finds that the June 1997 right subcutaneous ulnar nerve transposition surgery did not result in additional disability, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The veteran's right hand disability does not meet the schedular criteria for a rating in excess of 20 percent, and his appeal is denied.

The veteran's total disability due to service-connected conditions allowed for reimbursement of unauthorized private medical expenses incurred from December 31, 2002, through January 17, 2003.

The Board found that the veteran's disability manifested by staggering did not manifest until many years after service and is not presumed to have been incurred during such service.

The Board has determined that the veteran's right little finger disability, currently evaluated at 10 percent disabling under DC 8516, does not meet or approximate the criteria for a higher rating. The evidence shows mild incomplete paralysis of the ulnar nerve and no findings consistent with more severe impairment.

The veteran's claim for specially adapted housing or special home adaptation grant was denied as he does not meet the basic eligibility requirements due to lack of service-connected residuals affecting balance and propulsion.

The Board found that the veteran's current disabilities, including degenerative joint disease of the thoracic spine, lumbar disc disease with lower extremity neuropathy, torn medial meniscus and chondromalacia, left knee, and bilateral carpel tunnel syndrome, are not related to his service. The examiner opined that these conditions were due to post-service occupational stress.

The veteran's right shoulder sfw residuals are rated at 40 percent, effective April 15, 2000.,Right upper extremity peripheral neuropathy is rated at 30 percent.

The Board has determined that the veteran is unemployable due to his service-connected physical disabilities, and thus, a grant of a TDIU is warranted.

The Board has remanded the case for additional development due to incomplete compliance with a previous remand order.

The Board has determined that the veteran does not have current bilateral peripheral neuropathy and therefore, service connection for this condition is denied.

The Board denied the veteran's claim for service connection and secondary service connection of degenerative joint disease with neuropathy, status post lumbar laminectomy, as it found no evidence linking this condition to his service-connected lumbosacral strain.

The Board found no evidence of diabetes mellitus or neuropathy of the feet in service, and there is insufficient medical evidence to link these conditions to service. The veteran's current disabilities are not presumed due to Agent Orange exposure.

The veteran's claims for service connection for a left foot or ankle disability and an increased rating for his low back disorder were denied. The Board found no evidence of chronic left foot or ankle injury in service, but did find that the current left peroneal nerve axonal neuropathy is not related to service. For the low back disorder, the Board noted that the veteran's current symptoms are consistent with DJD and a previous diagnosis of arthritis of the lumbar spine.

The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that the evidence did not meet the criteria for such awards.