Peripheral neuropathy decisions — 2007

The veteran's severe foot injury and neurological deficit have been found to warrant a 30 percent rating, the maximum under Diagnostic Code 5284.

The case is being remanded for further evaluation of the veteran's service-connected conditions and to determine if he meets criteria for specially adapted housing or adaptive equipment.

The Board denied all service connection claims for various conditions, finding no evidence of current disabilities or a relationship to service.

The veteran's post-operative complications, including adult respiratory distress syndrome with tracheotomy and amputation of toes, were not found to be due to VA negligence or carelessness.

The Board denied the veteran's claims for increased ratings for his service-connected disabilities, finding that the evidence did not meet the criteria for higher disability ratings.

The veteran's service-connected disabilities render him so helpless that he requires regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The veteran's diabetes mellitus with impotence and diabetic sensory peripheral neuropathy of the right and left lower extremities have been rated based on their severity, resulting in a 40 percent rating for each condition since April 22, 2003.

The veteran's bilateral ulnar neuropathy is deemed to have been caused by the failure of VA surgeons to employ proper preventative measures during his April 1999 surgery, leading to a full grant of compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case due to incomplete medical records and the need for additional examinations.

The Board has granted a 20 percent evaluation for post-traumatic neuralgia and peripheral neuropathy associated with the residuals of a gun shot wound of the left thigh, finding that this more nearly approximates moderate incomplete paralysis of the anterior crural (femoral) nerve.

The Board has determined that the veteran does not currently have diabetic neuropathy of the upper extremities or diabetic retinopathy, and thus service connection for these conditions is denied.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound was denied as his disabilities do not meet the criteria for such benefits.

The Board has granted a 20 percent evaluation for the veteran's left ankle disability since October 4, 2006. Prior to that date, the disability was rated at 10 percent.

The veteran's prostate cancer and peripheral neuropathy were not found to be related to his service or exposure to herbicide agents, leading to a denial of the claims.

The Board has granted service connection for PTSD and diabetic neuropathy, finding that the veteran's statements provide credible supporting evidence of a stressor related to his military service in Vietnam. Service connection is also granted for peripheral neuropathy as secondary to diabetes mellitus.

The Board denied a higher rating for diabetes mellitus, but granted separate 10% ratings for diabetic neuropathy of both lower extremities.

The veteran seeks service connection for peripheral neuropathy, which he claims is due to exposure to Agent Orange during his military service. The Board has determined that a VA examination is necessary to evaluate the existence and etiology of any current peripheral neuropathy.

The Board denied service connection for PTSD, peripheral neuropathy, and hypertension. The veteran's claim for chloracne as due to herbicide exposure was not reopened.

The veteran's claim for reimbursement of unauthorized private medical expenses incurred on May 19, 2003 is denied as VA facilities were feasibly available and the treatment was not provided in a medical emergency.

The Board has remanded the case for additional development to ensure compliance with previous remands and provide the veteran with proper notice under the VCAA.