Peripheral neuropathy decisions — 2008

The Board denied the veteran's claims for service connection for a back disability, PTSD, peripheral neuropathy of the right upper extremity, and peripheral neuropathy of the left lower extremity. The claim for an increased rating for bilateral hearing loss was also denied.

The Board has denied the veteran's claim for service connection for right carpal tunnel syndrome, finding no evidence linking it to active military service or his diabetes mellitus.,For type 2 diabetes mellitus and associated disabilities, the disability ratings have been granted but not increased beyond what is currently assigned.

The veteran's claims for increased disability ratings were denied. The RO found that the scars of his face, forehead and neck did not meet the criteria for a higher rating under Diagnostic Code 7800. For the severed flexor tendons, right (dominant) second and third fingers, the RO determined they did not warrant a higher rating under Diagnostic Codes 5219 or 5152-5156. The neuropathy of his left axillary nerve was rated as 30 percent disabling since March 26, 2008, but denied prior to that date. The third degree burn scars were not found to meet the criteria for a higher rating under Diagnostic Code 7800. Finally, the scarring of his right thigh did not warrant a compensable disability evaluation.

The veteran's sensorimotor polyneuropathy of the lower extremities was not found to be incurred in or aggravated by service, may not be presumed to have been incurred in service, and is not proximately due to, the result of, or chronically aggravated by a service-connected disability.

The veteran's unemployability is a result of functional impairment due solely to his service-connected disabilities, and the Board has granted entitlement to TDIU.

The Board denied the appellant's claim of service connection for DIC benefits, finding that new and material evidence had not been submitted to reopen her previously denied claim.

The Board has determined that the veteran's cold injury residuals of the hands are service-connected, as they are believed to be a residual of exposure to extreme cold weather during his military service in Japan. The peripheral neuropathy and respiratory disorder were not found to be related to service.

The veteran has withdrawn his appeals on the issues of initial increased evaluations for his service-connected peripheral neuropathy and diabetes mellitus with impotency and retinopathy.

The Board has denied the veteran's claims for service connection for various conditions, including blurred vision, loss of teeth, esophageal stricture, dizziness and instability, peripheral neuropathy of the lower extremities, and a disability residual to asbestos exposure. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and peripheral neuropathy of both lower extremities, finding that his current conditions were not related to military service or herbicide exposure.

The veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board denied the veteran's claims for increased ratings and service connection, finding that there was no legal basis to award higher ratings or secondary service connection. The veteran's hearing loss is currently rated at 30 percent, tinnitus at maximum schedular rating (10%), diabetes mellitus at 20%, diabetic neuropathy of both upper extremities at 10% each, and major depressive disorder was not found to be related to his diabetes.

The Board has determined that the veteran's currently diagnosed bilateral thigh neuropathy disorder, back disorder, and sleep disorder are not due to carelessness, negligence, lack of proper skill, or similar instance of fault on the part of VA in furnishing medical treatment. Therefore, compensation benefits under 38 U.S.C.A. § 1151 for these conditions have been denied.

The Board has determined that the veteran's claimed disabilities are not related to his active duty service, and thus denied each of his claims for service connection.

The Board has granted higher initial ratings of 20 percent for diabetic peripheral neuropathy affecting the veteran's lower extremities, finding moderate incomplete paralysis in both legs.

The Board has determined that the veteran's current lower extremity peripheral neuropathy is not a residual of cold injury sustained in service, and therefore denied his claim for service connection.

The Board denied the veteran's claims of service connection for a low back disability, left leg disability, and peripheral neuropathy. The claim for low back disability was not reopened due to lack of new and material evidence. The left leg disability is considered unrelated to his period of active service. Peripheral neuropathy is also considered unrelated to his period of active service.

The veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy of the lower extremities, are found to be so severe that they prevent him from securing or following a substantially gainful occupation.

The Board has determined that the veteran's current peripheral neuropathy of the hands was not incurred in or aggravated by service, and is not secondary to his service-connected disability of arthritis of the lumbar spine with bulging discs. The claim for a bilateral knee disorder as secondary to the service-connected disability of arthritis of the lumbar spine with bulging discs has also been denied.

The veteran has withdrawn his appeal for all claims, including those related to bilateral hearing loss, hypertension, adenomatous polyps, peripheral neuropathy of the lower and upper extremities, and a rash. The Board dismissed the appeal due to this withdrawal.