Peripheral neuropathy decisions — 2008

The Board denied the veteran's claim for an increased rating for his cervical spine disability, finding that the evidence did not support a higher rating based on the current criteria.

The Board found that the veteran's peripheral neuropathy is not service-connected due to lack of evidence showing a nexus between his current condition and his military service, including presumed exposure to herbicide agents.

The Board found that the veteran's peripheral neuropathy of the lower extremities is not related to his service or presumed exposure to herbicides, and it was also not proximately due to or aggravated by a service-connected disability.

The Board has determined that the veteran's tinnitus is service-connected, but his claim for peripheral neuropathy of the upper extremities remains denied as there is no current diagnosis. The veteran's hypertension was not found to be aggravated by diabetes mellitus.

The Board found that the veteran does not have right upper extremity or left upper extremity peripheral neuropathy and denied service connection for these conditions.

The Board has determined that the veteran, who is presumed to have been exposed to Agent Orange during his service in Vietnam, met the criteria for accrued benefits based on a claim pending at the time of his death. Service connection was granted for prostate cancer and denied for left eye blindness, osteoporosis, bilateral peripheral neuropathy of the lower extremities, and breathing problems.

The veteran's left leg and right leg peripheral neuropathy are each rated at 10 percent, which is the maximum rating under Diagnostic Code 8520. The veteran's left and right carpal tunnel syndromes are also rated at 10 percent.,There is no evidence of any other service connection theory applicable to these conditions.

The Board found no evidence to support the veteran's claims for service connection for hypertension and neuropathy of bilateral upper and lower extremities, including as due to his service-connected diabetes mellitus. The current diagnoses were not related to service or any incident thereof.

The Board denied the reopening of a claim for service connection for peripheral neuropathy of the left upper extremity, finding that new and material evidence had not been received. The veteran's previous denial was based on lack of evidence of peripheral neuropathy during service or within one year of exposure to Agent Orange.

The Board denied the veteran's claims for an increased rating for left arm radiculopathy and SMC based on need for aid and attendance, finding that his disability did not warrant a higher rating under applicable criteria.

The Board found that the veteran's current autonomic neuropathy with anhidrosis is not related to her documented heat-related illness during active duty for training in August 1979, and thus denied service connection.

The Board found no evidence of peripheral neuropathy of the upper extremities related to service-connected diabetes mellitus and denied the claim. The issue of secondary service connection for coronary artery disease due to service-connected diabetes mellitus was not addressed.

The Board denied the veteran's claims for hypertension and tinnitus, finding no evidence of a nexus to service or service-connected conditions. The claim for PTSD was granted with an initial rating of 30 percent.

The Board has remanded the case to allow for a videoconference hearing and further review of the service connection claim.

The Board has remanded the case for further development and readjudication, including providing notice of the denial of service connection for residuals of a neck injury. The issues are inextricably intertwined with the claim of peripheral neuropathy.

The Board denied the veteran's claims for service connection for bilateral hearing loss, PTSD, diabetes mellitus and peripheral neuropathy. The appeals were based on presumed exposure to herbicide agents during service, but there was no evidence of such exposure. Service connection could not be established as the conditions did not manifest in service or within a presumptive period.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus and its secondary effects. The Board found that there was no evidence of a thoracolumbar spine disorder or ankylosing spondylitis during active service or within one year after discharge.

The Board denied the veteran's claims for service connection for a skin disability and peripheral neuropathy, both presumed to be related to herbicide exposure. The claim for an increased rating for PTSD with anxiety disorder and alcohol abuse was granted but not reopened.

The veteran's claims for service connection are being remanded to obtain additional medical records and to consider the provisions of 38 C.F.R. § 3.310 (2007) and Allen v. Brown, 7 Vet. App. 439 (1995).

The veteran's claims of service connection for peptic ulcer disease, bronchial asthma, pulmonary tuberculosis, peripheral neuropathy, osteoarthritis and avitaminosis are remanded due to the need for a statement of the case.