Peripheral neuropathy decisions — 2007

The veteran's claims for increased ratings for his service-connected disabilities were denied. The left ulnar neuropathy and carpal tunnel syndrome, as well as the arthritis of the left elbow, do not warrant a higher rating under applicable VA regulations. The right shoulder condition is also rated at its maximum allowable level.

The veteran's compensation benefits were reduced due to incarceration and recoupment of disability severance pay. As a result, there are no benefits available for apportionment on behalf of the dependent parent.

The veteran's appeal has been dismissed as he withdrew his appeal for the issue of service connection for sleep apnea, leaving only the issues of peripheral neuropathy and skin growth. The Board did not reach a decision on these remaining issues.

The Board denied the veteran's claims for service connection for peripheral neuropathy, DPN, and sexual dysfunction. The evidence did not support a finding of current disabilities or a link to service.

The veteran's appeal is remanded for further development, including a VA examination and consideration of secondary service connection claims. The case will be returned to the Board after these issues are addressed.

The VA denied the veteran's claim for an initial compensable evaluation for his right inguinal hernia and associated nerve damage, finding that there was no recurrence of the hernia or significant symptomatology.

The veteran's claims for higher ratings for diabetes mellitus and a total rating based on individual unemployability due to service-connected disabilities were denied. The evidence did not meet the criteria for a TDIU, as his combined disability rating was less than 70%.

The veteran's service connection for chronic non-Hodgkin's lymphoma and bilateral lower extremity peripheral neuropathy was denied. However, the veteran was granted compensation under the provisions of 38 U.S.C.A. § 1151 for her chronic myelodysplastic syndrome.,Service connection is currently in effect for right foot hallux valgus deformities with second and third toe bunionectomy/arthroplasty residuals and left foot hallux valgus deformities and first metatarsal osteotomy residuals.

The Board has determined that the veteran's exposure to herbicides during service is presumed, but his claimed conditions of chloracne and peripheral neuropathy were not shown within one year after the last date of presumed exposure. Therefore, presumptive service connection for these conditions cannot be granted.

The Board has remanded the case for additional development due to inadequate development of the veteran's claim regarding his left eye disability.

The veteran's service-connected disabilities do not preclude substantially gainful employment.

The veteran's claim for service connection for asbestosis was denied due to lack of evidence of the condition. The veteran's need for aid and attendance was granted, with a special monthly pension rate based on his physical limitations.

The veteran's claims for increased ratings for his service-connected Type II Diabetes Mellitus, Peripheral Neuropathy of the Lower Extremities, and PTSD have been denied. The RO found that the evidence did not support a higher rating under the applicable VA rating criteria.

The veteran's peripheral neuropathy of the feet has been rated at 10 percent for the period prior to January 11, 2006 and at 40 percent since then. The Board finds that his disability picture more nearly approximates a 10 percent rating.

The Board has granted a disability rating of 10 percent for post traumatic arthritis of the right knee and a separate disability rating of 10 percent for left mild tibial sensorimotor neuropathy (Tarsal Tunnel Syndrome).

The Board found that the veteran's claimed conditions are not related to his service or radiation exposure, and thus denied all of his claims.

The Board granted service connection for sensorimotor neuropathy of the lower extremities and assigned a 20% initial rating effective from the date of receipt of claim. The veteran's bilateral knee disorder was not addressed as it is considered a separate issue.

The Board denied the veteran's claim for service connection for bilateral carpal tunnel syndrome with left ulnar nerve neuropathy, finding that it was not related to any injury or disease incurred in service. The issue of reopening a 38 U.S.C.A. § 1151 claim for compensation resulting from VA medical treatment is remanded.

The veteran's claim for TDIU was granted effective February 20, 2003, based on his service-connected disabilities.

The Board denied the veteran's claims for service connection for peripheral neuropathy of the upper extremities and increased evaluations for PTSD. The veteran was not granted any new ratings.