Peripheral neuropathy decisions — 2006

The veteran's claims for earlier effective dates for service connection and increased evaluations have been granted, with the exception of the herniated nucleus pulposus claim which is pending.

The Board denied the veteran's claim for an initial disability rating in excess of 20 percent for diabetes mellitus, type II, with diabetic retinopathy and neuropathy. The veteran was rated at 20 percent under Diagnostic Code 7913 due to his service-connected diabetes mellitus.

The Board denied the veteran's claims for an initial rating greater than 10 percent for calcaneal neuropathy of the right foot and a rating greater than 20 percent for diabetes mellitus, type II.

The Board granted an effective date of March 21, 2002 for the veteran's service connection for peripheral neuropathy and assigned a 10% disability rating. The TDIU was also granted with an effective date of September 23, 2003.

The Board found that the veteran's current bilateral lower extremity peripheral neuropathy disability is not related to his active military service, including exposure to Agent Orange. The claim for service connection was denied.

The veteran's appeal is remanded to determine his eligibility for special monthly compensation (SMC) by reason of being housebound, including evaluating the severity of his service-connected impaired sphincter control. The issue of an increased rating for impaired sphincter control is also referred back to the RO.

The Board has determined that the veteran's diabetes mellitus and peripheral neuropathy are not related to his hepatitis C or the interferon treatment, and thus do not qualify for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for increased ratings for diabetes mellitus, peripheral neuropathy of both lower extremities, right ear hearing loss, and erectile dysfunction. The claim to reopen service connection for left ear hearing loss was also denied. An earlier effective date for right ear hearing loss was not granted.

The veteran's diabetes mellitus, requiring insulin, a restricted diet, and regulation of activities, meets the criteria for a 40 percent disability evaluation.

The Board found that the veteran's hypertension, coronary artery disease, and diabetic peripheral neuropathy are not service-connected as secondary to his service-connected diabetes mellitus.

The Board has remanded the case due to a need for proper VCAA notification, and will be reviewed based on all available evidence.

The veteran's claims for service connection for tinnitus and increased evaluations for his gastrointestinal disability and peripheral neuropathy of the lower extremities were denied. The veteran is not entitled to a higher evaluation for his recurrent peptic ulcer with pyloric channel ulcer, but is entitled to a 30 percent evaluation under Diagnostic Code 7348. He is not entitled to an initial evaluation in excess of 10 percent for either of his peripheral neuropathy disabilities.

The Board has determined that the veteran's service connection for diabetes mellitus and related peripheral neuropathy was clearly and unmistakably erroneous due to his lack of documented service in Vietnam, leading to a denial of restoration of these claims.

The Board has remanded the veteran's claims for genetic hemochromatosis, porphyria cutanea tarda, and peripheral neuropathy due to Agent Orange exposure. The VA is instructed to obtain SSA records, VA medical records, and any additional pertinent evidence from the veteran.

The Board denied the veteran's claim for service connection for peripheral neuropathy of the left upper extremity, finding no relationship to his service-connected coronary artery disease or service. The evidence did not show a diagnosis within one year of discharge from service.

The Board has determined that additional development is needed to address the veteran's claims for service connection for peripheral vascular disease and peripheral neuropathy, including providing a VCAA notice letter and scheduling a VA examination.

The Board denied service connection for peripheral neuropathy, finding that the veteran's condition was not related to his military service and specifically ruled out a link to Agent Orange exposure.

The veteran's service-connected disabilities do not meet the schedular requirements for a total rating based on individual unemployability, and there is no evidence of exceptional circumstances warranting extra-schedular consideration.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO. The issues of initial evaluations and service connection are pending.

The veteran's claims for service connection for peripheral neuropathy of the lower extremities, nephropathy (claimed as kidney problem), and hypertension were denied. The Board found that these conditions are not related to his military service or service-connected diabetes mellitus.