Peripheral neuropathy decisions — 2007

The Board has reopened the veteran's claim for service connection for PTSD based on new evidence. The issues of service connection for PTSD and whether new and material evidence has been received to reopen a claim for peripheral neuropathy, claimed as due to exposure to an herbicide agent, are being remanded for further development.

The veteran's appeal is being remanded to the RO for additional development of his service-connected low back disability, including examination and review of medical records. The issues on appeal include a higher rating for his degenerative disc disease with neuropathy, temporary total rating due to convalescence following surgery, and TDIU.

The veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for additional development, including a new VA examination and issuance of a statement of the case on the issue of service connection for peripheral neuropathy.

The Board has determined that the veteran's claims for service connection for peripheral neuropathy of the lower extremities, residuals of typhoid fever, and hearing loss in the right ear have been denied as there is no competent evidence linking these conditions to his active military service.

The veteran's service-connected diabetes, peripheral neuropathy (both lower extremities), and diabetic retinopathy have been granted initial evaluations of 20 percent each from July 30, 2003.

The Board denied the veteran's claim for an earlier effective date of April 9, 1999 for TDIU due to lack of factual ascertainability prior to that date.

The Board has determined that the veteran does not have a low back disorder that is proximately due, the result of, or chronically aggravated by his service-connected bilateral pes planus. The claims for hypertension and peripheral neuropathy/radiculopathy are pending.

The veteran's claims for increased ratings for his service-connected elbow and thigh injuries were partially granted, with a 30% rating assigned for the left posterior thigh condition. The elbow condition remains at 10%. The effective date is not specified.

The Board finds that the veteran's request for service connection for hypertension, as secondary to his service-connected diabetes mellitus is granted. The decision also includes a waiver of overpayment in an amount not specified.

The veteran's appeal is being remanded to address the need for aid and attendance or housebound status, as well as secondary service connection claims. The case will be reviewed de novo after resolving these intertwined issues.

The Board has remanded the case due to incomplete information regarding a visit to Vietnam and further development is needed for service connection claims.

The Board has granted the veteran's claim for a total disability rating based on individual unemployability due to his service-connected right arm and shoulder disabilities.

The veteran does not have a verified in-service stressor for PTSD, and there is no evidence linking the peripheral neuropathy of his upper extremities to service or to his service-connected diabetes. The Board therefore denies all three issues.

The veteran is not entitled to VA financial assistance for the purchase of an automobile with adaptive equipment or for the purchase of adaptive equipment alone due to lack of eligibility based on the criteria set forth in the law.

The veteran's claims for increased disability evaluations for calluses on his feet and residuals of a gunshot wound to the thighs have been denied as there is no evidence that they are moderately severe or severely disabling.

The Board has determined that the veteran's diabetes mellitus, type II, associated with herbicide exposure does not meet or approximate the criteria for a disability rating greater than 20 percent.

The Board found that the veteran's peripheral neuropathy is not related to his service-connected scars of the lower extremities, and thus denied secondary service connection. The TDIU claim was also denied as the veteran did not meet the criteria for a TDIU based on his combined 70% disability rating.

The veteran's claim for an initial evaluation in excess of 20 percent for service-connected degenerative joint disease as secondary to scoliosis was denied. The claim for compensation under the provisions of 38 U.S.C.A. § 1151 for generalized sensory neuropathy of the right leg was also denied due to lack of evidence indicating fault on the part of VA.

The Board has determined that the veteran's anxiety and depression are service-connected as they are related to his active duty service or a service-connected condition.