Peripheral neuropathy decisions — 2005

The Board of Veterans' Appeals (BVA) has remanded the case for further development due to incomplete medical records and conflicting opinions regarding the veteran's diabetes mellitus.

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

The Board denied the veteran's claims for service connection for obsessive-compulsive disorder with anxiety and depression, as well as peripheral neuropathy. The Board found no evidence linking these conditions to service.

The Board has determined that the veteran's residuals of shell fragment wounds of the right forearm, primarily manifested by median nerve neuropathy, do not warrant an evaluation in excess of 30 percent.

The veteran's service-connected spondylolisthesis of the lumbar spine at L4-L5 with peripheral neuropathy was denied an initial rating in excess of 60 percent from July 31, 2000 to July 1, 2004.

The Board has determined that the veteran's PCT and peripheral neuropathy are related to his service, including exposure to Agent Orange. The effective date is not specified as it was granted.

The veteran's TDIU claim is being remanded for further evaluation of his service-connected and non-service-connected disabilities, as well as a psychiatric examination. The RO will also reassess the service connection issues related to porphyria cutanea tarda and peripheral neuropathy due to Agent Orange exposure.

The veteran's service-connected left arm muscle and nerve residuals are shown to be manifested by a neurological deficit that more nearly approximates moderate incomplete paralysis, warranting a 30 percent rating.

The Board has remanded the case for additional development, including obtaining the veteran's complete service medical records and scheduling a VA examination to determine the nature of his residuals from a right inguinal hernia repair.

The Board denied the veteran's claims for service connection for diabetes mellitus and associated peripheral neuropathy of both lower extremities, finding no evidence linking these conditions to his military service.

The Board denied service connection for peripheral neuropathy due to Agent Orange exposure and PTSD. The veteran has filed a Notice of Disagreement, but the RO has not yet issued a Statement of the Case.

The Board denied the veteran's claim for an effective date prior to September 27, 2002 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities. The criteria for establishing an earlier effective date were not met as it was not factually ascertainable that the veteran's service-connected disabilities rendered him totally disabled within one year prior to September 27, 2002.

The VA denied the veteran's claims for increased disability evaluations for her service-connected recurrent back strain with neuropathy to left lower extremity, finding that the evidence did not meet the criteria for a higher evaluation prior to September 26, 2003 and as of September 26, 2003.

The veteran's claim for increased ratings for his low back disability was denied. The Board found the evidence did not meet the criteria for an initial rating higher than 20 percent prior to September 20, 1999, or a rating higher than 40 percent as of that date.

The veteran's diabetes mellitus is currently rated at 20 percent, effective August 16, 2001. The RO also granted a 30 percent rating for coronary artery disease as secondary to diabetes mellitus, effective February 20, 2004.,The veteran's peripheral neuropathy of the right lower extremity is rated at 10 percent, and his left lower extremity peripheral neuropathy is rated at 10 percent.

The Board denied the veteran's claim for service connection for peripheral neuropathy secondary to herbicide exposure, finding no current diagnosis of this condition and thus denying the claim.

The Board denied the veteran's claims for service connection for various conditions, including rheumatic fever with heart murmur, ear disability, left knee disability, residuals of a broken nose (including breathing problems and a fractured nasal bone), shortened right leg with back pain and neuropathy, and mental disability to include PTSD. The denial is based on lack of evidence showing these conditions were incurred or aggravated during service.

The Board has determined that the veteran does not have current peripheral neuropathy and there is no evidence of herbicide exposure. Therefore, service connection for this condition cannot be granted.

The Board denied the veteran's claims for reimbursement of a computer and printer, as well as self-employment assistance. The VR&C found that reimbursement was not authorized under VA regulations due to lack of requirement by the law school and no evidence showing necessity for such items.

The Board has determined that the veteran's service-connected right inguinal hernia and right ilioinguinal neuropathy do not warrant increased disability ratings as their symptoms are currently rated appropriately.