Peripheral neuropathy decisions — 2007

The Board has remanded the veteran's claims for service connection and increased ratings due to new evidence and allegations of worsening disability.

The veteran's claims for increased disability ratings for service-connected sensory neuropathy of the right and left thighs are being remanded due to the need for additional medical examination and development.

The veteran's claims for disability benefits under 38 U.S.C.A. § 1151 are being remanded due to the need for additional development, including obtaining records of VA treatment and providing a medical opinion.

The VA has determined that the veteran's residuals of multiple left hand and forearm shell fragment wounds, with a retained foreign body and peripheral neuropathy, do not warrant an increased rating beyond the current 10% disability rating.

The veteran's appeal is being remanded due to the need for a Board hearing at the RO.

The Board has determined that the veteran's nerve disorder of the right foot, affecting the sural nerve, warrants a disability rating of 20 percent.

The Board found that the veteran's status post fusion of L5-S1 warranted a 20 percent rating, effective December 9, 2003. The sensory neuropathy of the right foot was also granted a 20 percent rating.

The Board has reopened the veteran's claims of service connection for polyneuropathy, right below the knee amputation and left great toe amputation as secondary to his service-connected diabetes mellitus. The evidence shows that these conditions were caused or aggravated by his service-connected diabetes.

The Board has determined that additional development is needed to properly assess the severity of the veteran's service-connected diabetes and to determine the nature and etiology of several other claimed disabilities. The case will be returned to the RO for further action.

The veteran's lumbar spine disability was granted a 30 percent rating prior to July 7, 2003. From July 7, 2003, to September 1, 2003, he received a 50 percent rating for severe limitation of motion and compression fracture of L5. After that period, the disability was rated at 60 percent due to pronounced intervertebral disc syndrome.

The Board has remanded the case for further development, including a VA examination to assess all residuals of the veteran's shell fragment wound. The issues on appeal are an increased rating for right lower leg neuropathy and an increased rating for injury to muscle group XI.

The Board has determined that the veteran's peripheral neuropathy was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claim for service connection for a skin disorder is REMANDED.

The veteran's claim for reimbursement of unauthorized medical expenses at Jane Phillips Medical Center on December 28, 2003 is denied as the treatment was not rendered in a medical emergency and did not meet other criteria for reimbursement under VA regulations.

The veteran's diabetes mellitus with peripheral neuropathy of the upper and lower extremities and retinopathy was granted a rating of 20 percent, effective prior to May 9, 2006. The ratings for diabetes mellitus with retinopathy and peripheral neuropathy of the lower extremities were also granted at 20 percent from May 9, 2006, to July 10, 2006. For the period beginning July 11, 2006, the veteran's diabetes mellitus with retinopathy was rated as 20 percent and his peripheral neuropathy of both lower extremities were each rated at 10 percent.

The Board denied the veteran's claims for service connection for various conditions, including skin cancer, sterility, flat feet, peripheral neuropathy and gout, and hypertension. The appeals were based on presumed exposure to Agent Orange during service.

The veteran has withdrawn his appeals for service connection for spinal muscular atrophy and degenerative disc disease changes, lumbar spine as a result of exposure to herbicides. The appeal is dismissed.

The Board has determined that the veteran's service-connected left leg burn scars do not warrant a compensable rating, and his peripheral neuropathy of the left and right legs are not secondary to these conditions. Therefore, the claims for increased ratings and service connection have been denied.

The veteran seeks service connection for chronic hypertension, early stage kidney disorder, and early stage neuropathy as secondary to his service-connected diabetes mellitus. The Board finds that a new examination is needed to clarify the diagnoses and etiology of these conditions.

The Board found no evidence of a current neuromuscular disorder with axonal neuropathy in service or for decades thereafter, and concluded that the veteran's condition is not related to any aspect of his active duty. The claim was denied.

The Board finds that the veteran does not have current diagnoses of sinusitis, an acquired psychiatric disorder (Major Depressive Disorder), or left hand neuropathy. Therefore, service connection for these conditions is denied.