Peripheral neuropathy decisions — 2006

The veteran's post-surgical complications, including peripheral neuropathy of the lower extremities and retroperitoneal hematoma with pulmonary emboli, are determined to be the direct result of VA failure to exercise reasonable care in handling his surgery. As a result, he is granted compensation under 38 U.S.C.A. § 1151 for these conditions.

The Board denied reopening the claim for service connection for peripheral neuropathy due to lack of new and material evidence, as well as insufficient evidence showing acute or subacute peripheral neuropathy related to herbicide exposure.

The Board found that the veteran's chronic relapsing inflammatory polyneuropathy (CIDP) was not caused by VA medical treatment, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claim for separate compensable ratings for upper extremity peripheral neuropathy as secondary to diabetes mellitus, finding no evidence of current symptoms.

The Board denied service connection for the veteran's claimed psychiatric disability, back injury, peripheral neuropathy due to herbicide exposure, and dental condition. The claim of residuals of electric shock injury was also denied as new and material evidence had not been submitted.

The Board has reopened the veteran's claims for service connection for anxiety reaction and PTSD, but denied service connection for peripheral neuropathy. The decision is mixed as some issues were granted while others were not.

The Board found no evidence to support a service connection claim for the veteran's bilateral foot disorder, attributing his current conditions to diabetes mellitus and degenerative joint disease.

The Board denied the veteran's claims for service connection for neuropathy of the upper extremities, as well as his increased evaluations and initial evaluations for diabetic neuropathy of the lower extremities. The Board also found that new and material evidence had not been submitted to reopen his claims for service connection for back and neck disorders.

The veteran's claims for increased ratings were denied as the medical evidence did not show that his conditions warranted higher evaluations.

The veteran's appeal is remanded due to the need for additional development, including obtaining medical records and providing a VA examination.

The veteran's claims for service connection for various conditions, including PTSD, hypertension, tension headaches, cervical and lumbar strains, toenail fungus, neuropathy, hearing loss, tinnitus, and a finger disability, were denied. The Board found that the preponderance of evidence did not support these claims.

The Board has denied the veteran's claim for an effective date prior to June 20, 2000 for service connection for diabetes, lumbosacral strain, right and left foot polyneuropathy, and a right hand disability.

The Board has denied service connection for the veteran's claimed disabilities, including memory loss, cramps of the hands and legs, joint pain, low fever, and headaches. The evidence does not support a finding that these conditions are related to his military service.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, skin disability (including tinea pedis and manus), and bilateral hand neuropathy. The August 18, 2004 VA examination related to Agent Orange exposure is missing from the record.

The veteran is seeking service connection for peripheral neuropathy of both his lower and upper extremities, which he claims was aggravated by his service-connected diabetes mellitus type II. The Board has ordered additional VA examinations to determine if the veteran's condition has worsened since his last examination.

The veteran's claims for earlier effective dates for service connection and increased ratings are denied as the earliest date of claim is June 11, 2002.

The veteran's diabetes mellitus has been rated at 20 percent since July 9, 2001. The Board is remanding the case to determine if there are any compensable complications of diabetes mellitus that should be evaluated separately.

The Board has granted service connection for left foot peripheral sensory neuropathy, effective from May 22, 2002. The veteran's claim for a higher initial evaluation and an earlier effective date for the award of service connection were also granted.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's appeal is being remanded for further evaluation and consideration of his claim for an increased rating for a non-union fracture of the left ulnar styloid process with ulnar nerve neuropathy.