Peripheral neuropathy decisions — 2007

The Board has determined that additional development is necessary to decide the claims for service connection for lupus erythematosus, special monthly compensation on the basis of housebound status, entitlement to automobile and adaptive equipment or adaptive equipment only, and entitlement to specially adapted housing or a home adaptation grant.

The Board has granted service connection for type II diabetes mellitus with peripheral neuropathy as a result of exposure to herbicides. The issues of service connection for hypothyroidism and hypertension, secondary to type II diabetes mellitus, are addressed in the REMAND portion of this decision.

The veteran's claims for increased ratings and an earlier effective date for service connection were denied. The RO continued the 20% evaluation for diabetes mellitus, granted separate 10% evaluations for peripheral neuropathy of each lower extremity, but did not grant a higher rating based on the evidence provided.

The Board has denied the veteran's claim for service connection for neuropathy of the right leg and foot, to include as secondary to his service-connected right knee arthritis. The only medical opinion addressing this issue concluded that there is no evidence linking the current condition to either service or service-connected right knee arthritis.

The Board has ordered a remand to obtain additional medical records and provide a VA medical opinion regarding the cause of the veteran's death, specifically whether his service-connected conditions contributed to it.

The Board denied the veteran's claims for service connection for various lower extremity disabilities, including peripheral neuropathy and cold injury residuals. The decision also noted that a rating in excess of 20 percent for bilateral hearing loss was not warranted.

The veteran's claims for increased ratings for diabetes mellitus, diabetic neuropathy of the hands and legs have been denied as there is no evidence meeting the criteria for higher ratings under VA rating criteria.

The Board found that the veteran's bilateral peripheral neuropathy was not incurred or aggravated by service and is not proximately due to a service-connected disability. The claim for PTSD failed because it could not be established as related to service.

The Board denied the veteran's claim for an increased evaluation for his service-connected prominence of the external condyle of the right elbow with neuropathy, currently rated at 30 percent.

The veteran's service-connected diabetes mellitus is currently rated at 20 percent, and the evidence does not support a higher rating.,For peripheral neuropathy of the upper extremities (right and left), the current ratings of 10 percent are appropriate as there is no objective evidence of more than mild impairment.

The veteran's appeal was denied as his claim for service connection for Charcot's disease, and the RO's rating decisions of November 1976 and April 1981 were found to be correct.

The Board denied the veteran's service connection claims for prostate cancer, peripheral neuropathy, hair loss, sleep disorder, and depression, all claimed as due to herbicide exposure. The evidence did not show a causal relationship between these conditions and his military service.

The Board has ordered a remand to obtain a VA neurological examination to determine the nature and etiology of any neurological disorders affecting the right upper extremity and bilateral lower extremities, including peripheral neuropathy. The examiner is asked to provide an opinion on whether these conditions are related to service or due to or aggravated by the veteran's service-connected residuals of a gunshot wound to the left shoulder.

The VA determined that the veteran's left ulnar neuropathy, which developed as a result of their surgical treatment in March 2002, was not due to negligence or lack of proper skill on the part of the VA surgeons. The decision grants compensation benefits under 38 U.S.C.A. § 1151.

The veteran's peripheral neuropathies of the upper and lower extremities are currently rated at 10 percent each, effective January 1, 1999. The RO has denied his claims for higher ratings.

The veteran withdrew his appeal for the claims of increased ratings for peripheral neuropathy in the upper and lower bilateral extremities, as well as his claims for service connection for bladder and foot conditions secondary to service-connected prostate cancer.

The Board granted an increased initial rating of 70 percent for PTSD, effective from August 24, 2000. The RO also granted a separate 10 percent disability evaluation for right sciatic neuropathy, effective from the same date.

The Board has reopened the veteran's claim for service connection for peripheral neuropathy of the feet and denied the claim on the merits.

The veteran's service-connected diabetes mellitus, diabetic neuropathy of the lower extremities, and hypertension are all rated at 20 percent. The Board finds that these ratings are not in excess of what is warranted under VA rating criteria.

The Board denied the veteran's claims for service connection for defective vision, peripheral neuropathy due to herbicide exposure, and thyroid tumor (claimed as tumor of the neck and throat) due to herbicide exposure. The evidence submitted was found not new and material.