Peripheral neuropathy decisions — 2005

The Board has denied the veteran's claims of service connection for peripheral neuropathy, right lower extremity and left lower extremity as secondary to his service-connected Type II diabetes mellitus.

The Board found that chronic peripheral neuropathy of the upper and lower extremities was not incurred in active military service and may not be presumed to have been incurred due to herbicide exposure, including Agent Orange.

The Board has determined that the veteran's unauthorized private medical services provided on May 18, 2001 and April 22, 2002 were for a service-connected disability (diabetes mellitus) in an emergent situation where no VA facility was feasibly available.

The veteran's Charcot-Marie-Tooth disease with severe peripheral neuropathy is granted as service connected.

The VA granted a 20 percent evaluation for degenerative disc disease of the lumbar spine, effective February 5, 2001. A separate 10 percent evaluation was assigned for neuropathy with weakness of the right lower extremity.

The Board denied service connection for Type II Diabetes Mellitus and Peripheral Neuropathy, finding that the veteran did not serve in Vietnam and thus was not exposed to herbicides. The Board also found that there is no evidence of a nexus between the claimed conditions and military service.

The veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants entitlement to TDIU.

The Board finds that the veteran's sensorimotor neuropathy is due to military service, and after resolving reasonable doubt in his favor, grants service connection for this condition.

The veteran's claims for higher initial ratings for his back injury, DDD of the lumbar spine, and neuropathy of both lower extremities have been granted. The RO has assigned specific ratings based on the severity of these conditions as of certain dates.

The veteran's claims for service connection and increased ratings were denied. The noncompensable rating for the left wrist condition was granted, effective July 7, 2004.

The veteran's claims for service connection were denied across multiple issues, including his psychiatric disorder, diabetes mellitus, retinopathy, peripheral neuropathy of the lower extremities, right knee disorder, left knee arthritis, lumbar spine condition, cervical spine condition, lung disease (asbestosis), and hypertension. The Board found that new evidence did not reopen his claim for an acquired psychiatric disorder but denied all other claims.

The Board found no current diagnosis of peripheral neuropathy and denied the veteran's claim for service connection.

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

The Board has determined that the veteran does not have service connection for Type II diabetes mellitus, a heart disorder, or neuropathy as these conditions are not shown to be related to his military service.

The veteran's claims for higher ratings for peripheral neuropathy of the lower extremities and right upper extremity were denied as there was no evidence showing symptoms approaching complete paralysis, which is required for a rating in excess of 10 percent.

The Board has granted service connection for bilateral peripheral neuropathy of the hands as secondary to service-connected diabetes mellitus, type 2.

The veteran's service-connected diabetes mellitus and associated peripheral neuropathies are currently rated as 20 percent and 10 percent disabling, respectively. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Board has remanded the case for additional development due to a failure to comply with VCAA notification requirements.

The Board found that the veteran's peripheral neuropathy was not incurred in service and may not be presumed incurred therein. The claim for service connection for peripheral neuropathy is denied.

The veteran's claims are being held in abeyance due to her deployment, and she is requested to be placed on the docket for a hearing before the Board at the RO. Her service connection claims remain pending.