Peripheral neuropathy decisions — 2005

The Board has determined that the veteran's service-connected frostbite and related conditions contributed to his cause of death, which was aspiration pneumonia. The claim is granted.

The veteran's disabilities do not meet the criteria for special monthly pension on account of being in need of aid and attendance due to his functional impairment.

The veteran is seeking service connection for peripheral neuropathy of his upper extremities as secondary to his service-connected diabetes mellitus. The Board has decided that additional development, including a neurological examination and consideration of all evidence received since the last statement of the case, is needed.

The Board found no evidence of a current disability related to service for defective vision, vein blockage, headaches, neuropathy of the extremities, or hypertension. The veteran's contentions were not supported by competent medical evidence.

The Board found that the effective dates for the grants of service connection and rating for right foot idiopathic neuropathy, right leg scar, and left ring finger tendon rupture residuals are fixed at June 13, 2001. The claims for earlier effective dates were denied as there was no pending claim prior to June 13, 2001 that could have resulted in the grants of service connection or rating.

The veteran is seeking service connection for peripheral neuropathy of both upper extremities, including as due to herbicide exposure or as secondary to the service-connected residuals of a right hand fracture. The case has been remanded for further development and consideration.

The veteran's claim for service connection for peripheral neuropathy, including as secondary to exposure to Agent Orange, is being remanded due to the need for a VA examination.

The Board denied service connection for a skin disorder and peripheral neuropathy, both linked to exposure to Agent Orange. The veteran's current symptoms were not found to be related to his military service.

The Board has granted separate evaluations of 50 percent for the veteran's right (major) upper extremity diabetic neuropathy, 40 percent for his left (minor) upper extremity diabetic neuropathy, and 20 percent each for his right and left lower extremity diabetic neuropathy. The evaluations are effective as of February 9, 2005.

The Board found that the veteran's claimed conditions were not related to his military service, including exposure to herbicides. The RO denied all issues on appeal.

The Board found that the veteran's peripheral neuropathy is not related to his service-connected diabetes mellitus and denied the claim for service connection.

The Board has determined that the veteran's currently diagnosed chronic inflammatory demyelinating polyneuropathy was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board denied an initial compensable evaluation for neuropathy of the right thigh, status post surgical resectioning of the cutaneous nerve due to subjective accounts of pain and sensory deficit over the anterior of his right thigh, but with no objective findings of paralysis, muscle atrophy, loss of reflexes, or functional loss of the affected right lower extremity.

The Board found that diabetes mellitus was not incurred in or aggravated by active service and denied the claim. The veteran's exposure to Agent Orange during service is presumed, but there is no evidence of actual exposure based on VA outpatient reports.

The Board has determined that the veteran's peripheral neuropathy is not related to his service, including exposure to Agent Orange.

The veteran's diabetes mellitus with mild peripheral neuropathy of the hands and feet is currently rated at 20 percent.,Peripheral neuropathy of the right lower extremity is currently rated at 40 percent since December 22, 2004.,Peripheral neuropathy of the left lower extremity is currently rated at 40 percent since December 22, 2004.,Peripheral neuropathy of the right upper extremity is currently rated at 20 percent since December 22, 2004.,Peripheral neuropathy of the left upper extremity is currently rated at 30 percent since December 22, 2004.

The Board has determined that the veteran's peripheral neuropathy of his upper and lower extremities is associated with frostbite sustained during service, granting the claim for service connection.

The Board denied the veteran's claim for a higher rating for his neuropathy of the right lateral antebrachial nerve, assigning a 20 percent disability rating effective May 19, 1999. The claim for compensation under 38 U.S.C.A. ¶ 1151 for prostatitis was also denied.

The veteran's claims for service connection for a right foot infection and scars of the upper lip and face were denied as there was no evidence of a chronic disability resulting from an in-service injury or exposure. The Board found that his current conditions are not related to his military service.

The Board has determined that the effective date for both a 70 percent evaluation for PTSD and entitlement to TDIU should be June 11, 1994.