Peripheral neuropathy decisions — 2007

The Board found that the veteran's cause of death was not due to his service-connected disabilities, and denied both the claim for service connection for the cause of death and the pension benefits. The appellant's income exceeded the statutory levels for receiving pension benefits.

The veteran's claim for an increased rating for type II diabetes mellitus with erectile dysfunction and peripheral neuropathy of the lower extremities is being remanded due to the need for additional medical examinations.

The veteran's peripheral neuropathy is presumed to have been incurred in service due to his World War II POW status, and the claim for service connection is granted.

The Board has determined that there is no current diagnosis of peripheral neuropathy of the upper and lower extremities, and thus service connection cannot be established.

The Board has reopened the veteran's claim for service connection for peripheral neuropathy of the upper and lower extremities secondary to his service-connected diabetes mellitus, as new evidence supports this claim.

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, peripheral neuropathy of the upper and lower extremities, and skin rashes as there is no evidence of these conditions during or within one year after service. The Board also found that the veteran did not have a current diagnosis of any of these conditions.

The VA denied the veteran's claims for service connection for PTSD, peripheral neuropathy of the upper and lower extremities, a skin disorder secondary to exposure to Agent Orange, and hearing loss. The VA found no evidence of these conditions in service or that they are related to service.

The Board found that the veteran's coronary artery disease and bilateral peripheral neuropathy were not caused or aggravated by his service-connected diabetes mellitus, type II.

The veteran's service-connected disabilities, including left ventricular hypertrophy, hypertension, diabetes mellitus, tinnitus, degenerative changes consistent with seronegative rheumatoid arthritis or gout of the left wrist, peripheral neuropathy affecting multiple extremities, and bilateral hearing loss, preclude him from engaging in substantially gainful employment. The Board has granted a total rating based on individual unemployability.

The Board finds that the appellant does not have a current disability manifested by bilateral pain, swelling, and numbness of the lower legs and feet, to include peripheral neuropathy, that is related to his period of active duty for training. The claim is denied.

The veteran's claim for service connection for peripheral neuropathy of the lower extremities, including as secondary to his service-connected type II diabetes mellitus, is being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Board denied the appellant's claims for service connection for peripheral neuropathy and an increased evaluation for anxiety, finding that there was no evidence linking these conditions to his military service or exposure to herbicides.,The claim for an earlier effective date for service connection of anxiety was also denied.

The Board has determined that the veteran's right ulnar and median neuropathy is not related to his service-connected residuals of a right index finger tendon laceration, and thus denied his claim for service connection.

The Board has reopened the veteran's claim for PTSD and determined that new evidence supports a finding of service connection. However, due to lack of credible supporting evidence for the claimed in-service stressors, the claim for PTSD remains denied.

The veteran's claim for a higher initial rating for diabetes mellitus, with associated conditions, is granted. The effective date of service connection is set at May 8, 2001.

The veteran's claim for a compensable rating for bilateral hearing loss was denied, and his claims for service connection for chloracne and neuropathy of the upper extremities as a result of exposure to Agent Orange were also denied due to lack of evidence showing onset within one year of service.

The veteran's diabetic neuropathy of the left and right lower extremities is currently rated at 10% each, but no higher. The veteran's bilateral diabetic retinopathy has a noncompensable rating.,For the period prior to December 19, 2005, the residuals of an old healed fracture of the left fibular of the left ankle are rated as 10%. For the period beginning December 19, 2005, the disability is rated at 20%.

The Board has granted an effective date of July 7, 2003 for the award of TDIU based on factual ascertainability as of that date.

The veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, vertigo, fracture of the right wrist with secondary neuropathy, residuals of a fractured left mandible and maxilla with temporomandibular joint dysfunction, and facial scars, do not meet the criteria for higher disability ratings. The combined rating is 80 percent.

The veteran's claims for increased evaluations for residual scars of a gunshot wound to the left thigh and post-traumatic peripheral neuropathy of the left femoral cutaneous nerve were denied as there is no evidence that meets the criteria for a rating in excess of 10 percent.