Peripheral neuropathy decisions — 2006

The Board has reopened the claim for service connection for residuals of frostbite of the feet and denied it on the merits, finding that new and material evidence was received but that the veteran's current foot disability is not related to his military service.

The Board has remanded the issues related to service connection for arthritis of the left shoulder, as well as the rating claims for the scar and ulnar neuropathy. The appeal is pending due to the need to reopen the previously denied claim for arthritis of the left shoulder.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or home adaptation grant due to his right-sided weakness and need for a wheelchair, which are attributed to a stroke rather than his service-connected conditions.

The Board has determined that the veteran's claimed conditions are not related to his active duty service or exposure to herbicide agents, and thus denied all claims for service connection.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a VA surgical procedure in February 2002, including peripheral neuropathy of the upper extremities and partial paralysis of the vocal cords. The claim will be remanded to determine if these conditions are related to the VA treatment.

The Board has remanded the case due to inadequate VCAA notice and new evidence received.

The veteran's claim for reimbursement of medical expenses incurred in September 2, 2002 was denied as he did not meet the criteria for emergency treatment under VA regulations.

The VA has granted a 50% evaluation for the veteran's service-connected right shoulder disorder, which includes scar and tendonitis.,However, the RO denied an initial rating in excess of 10 percent for the veteran's service-connected right ulnar neuropathy.

The Board has determined that the veteran's service-connected diabetic peripheral neuropathy of both lower extremities does not warrant a higher disability rating as it is currently rated, and effective dates for increased ratings are moot due to the current effective date.

The Board has determined that the veteran did not have exposure to herbicide agents during service, and therefore is not entitled to presumptive service connection for diabetes mellitus. The claims of secondary service connection for diabetic retinopathy and cataracts, peripheral neuropathy, and hypertension with renal insufficiency are denied as they are premised on a presumed service-connected disability.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Board denied the veteran's claim for an earlier effective date for grants of service connection for peripheral neuropathy of the right and left upper extremities, finding that the criteria were not met.

The Board found that the veteran's current bilateral lower extremity disability, diagnosed as sensory axonal polyneuropathy, was not incurred in or aggravated by service and could not be presumed to have been incurred during such service due to exposure to herbicides. The preponderance of evidence did not support a finding of direct causation.

The Board finds that the veteran's peripheral neuropathy of both hands does not warrant a disability rating in excess of 20 percent.

The veteran's claim for TDIU was granted with an effective date of March 14, 2002. The RO considered the January 1995 SSA award letter as a pending claim for TDIU and determined that the earliest date entitlement arose is October 19, 2000.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The Board has denied the veteran's claims for service connection for peptic ulcer disease, osteoarthritis, and peripheral neuropathy as there is no medical evidence linking these conditions to his military service.

The veteran's left foot cold injury residuals are currently rated at 30 percent, effective June 8, 2004. The right foot cold injury residuals remain at 10 percent.

The Board denied the appellant's claims for service connection for ilio-inguinal neuropathy as secondary to his service-connected residuals of a right inguinal hernia repair and for an evaluation in excess of 10 percent for his residuals of a right inguinal hernia repair.

The veteran's claims for service connection for arthritis, peripheral neuropathy of the feet, and peripheral neuropathy of the hands were denied as there is no evidence of these conditions during or after service. The veteran's bilateral hearing loss disability was reduced to a 10% rating effective March 1, 2004.