Peripheral neuropathy decisions — 2007

The Board has determined that the veteran's service-connected right shoulder disorder warrants a 50 percent rating, which is the highest available under the applicable diagnostic codes.

The veteran's claims for increased ratings were denied for the right shoulder and ulnar nerve disabilities, but granted for the radial nerve disability. The decision is mixed as some issues are granted while others are denied.

The veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation, warranting TDIU.

The Board determined that the declaration of forfeiture of VA benefits was proper due to the veteran's submission of false statements, and thus denied the motion for revision.

The veteran's claim for an initial rating in excess of 10 percent for peripheral neuropathy of the left lower extremity is being remanded due to a need for further examination and development.

The Board denied service connection for various conditions, including non-Hodgkin's lymphoma, right hand tremor, breathing problems, a cyst on the spine, hypertension, left leg neuropathy, anxiety and depression, heart condition with bundle branch block, and degenerative arthritis of the back.

The Board has granted service connection for post-traumatic stress disorder and denied service connection for peripheral neuropathy, both related to the veteran's Vietnam-era military service. The decision is based on presumptive exposure to Agent Orange.

The veteran's claims for service connection for peripheral neuropathy of both legs and depression were granted. However, his requests for increased ratings for cold injuries to the right leg and left leg remain denied.

The Board has determined that the veteran's current residuals of cold injury, bilateral feet (claimed as frostbite) are related to his active military service and grants the claim.

The Board finds that the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled from service-connected disabilities for 10 continuous years immediately preceding death nor was he totally disabled continuously after discharge for a period of service not less than 5 years immediately preceding death.

The Board denied a higher rating for the veteran's service-connected diabetes mellitus, finding that his disability did not meet the criteria for a higher rating since October 10, 2001.

The veteran's diabetes mellitus and diabetic peripheral neuropathy of the lower extremities have been rated based on their current manifestations, with no additional ratings granted.

The Board denied all claims for increased ratings for peripheral neuropathy of the upper and lower extremities.

The Board has remanded the veteran's claims for further development, including an examination to clarify diagnoses and provide opinions on whether or not his disabilities are related to service.

The Board denied service connection for bilateral hearing loss, low back condition, and peripheral neuropathy of the upper extremities. The evidence did not support a finding that these conditions were incurred during active service or related to inservice noise exposure.

The veteran's claims for service connection for various conditions, including hypertension, degenerative disc disease of the lumbar spine, cervical spondylosis, osteoarthritis of the left knee, right hand disorder, left shoulder impingement, skin rash, diabetes mellitus, sarcoma, and bilateral peripheral neuropathy of the lower extremities have been denied. The Board found no evidence to support these claims.

The veteran's claims for service connection for varicose veins, Type II diabetes mellitus with hypercholesterolemia, and peripheral neuropathy were denied. The effective dates for the grants of service connection were also denied.

The Board denied the veteran's claims for service connection for idiopathic polyneuropathy and arthritis, finding no evidence of a nexus to service or herbicide exposure.

The veteran's death was due to service-connected hypertension. However, the Board found that he did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311 as his disability rating had not been at 100% for a continuous period of eight years prior to his death.

The Board denied the veteran's claim for service connection for peripheral neuropathy due to Agent Orange exposure, finding that his condition was not diagnosed within two years of his most recent exposure and is not linked to service.