Peripheral neuropathy decisions — 2008

The veteran's service-connected disabilities render him helpless and in need of regular aid and attendance, warranting special monthly compensation based on the need for such aid.

The veteran's claims for higher ratings for peripheral neuropathy of the upper and lower extremities are being remanded to the RO for further development.

The veteran's claim for service connection for polyneuropathy as a result of herbicide exposure has been remanded due to the need for additional development. The claim was previously denied, but reopened based on new evidence.

The Board denied the veteran's claims for service connection for diabetes mellitus, type II, peripheral neuropathy, and an acquired psychiatric disability (to include post-traumatic stress disorder), finding that there was no evidence of in-service exposure to herbicides or other conditions warranting presumptive service connection. The diagnoses were not related to his military service.

The veteran's claims for service connection for tumors, chronic prostatitis, and peripheral neuropathy due to exposure to herbicides are not reopened as new and material evidence has not been received.

The Board has determined that further examination and development are necessary to determine the nature of the veteran's claimed PTSD and peripheral neuropathy, including whether they are related to service or herbicide exposure.

The Board denied the veteran's claims of service connection for various conditions, including rheumatic fever with heart murmur, ear disability, a left knee disorder, back disorder, shortened right leg, acquired psychiatric disorder (PTSD), and lower extremity neuropathy. The decision found that these conditions were not incurred or aggravated by service.

The Board denied the veteran's claims for ratings in excess of 10 percent for peripheral neuropathy of the lower extremities and a compensable initial evaluation for the right upper extremity.,The veteran was granted separate compensable ratings for diabetic peripheral neuropathy of the left and right lower extremities, but not for the right upper extremity.

The Board has denied the veteran's claim for service connection for bilateral carpal tunnel syndrome, but granted service connection for ulnar neuropathy of the left elbow. The decision is mixed as it addresses both a direct service connection issue and an issue related to a pre-existing condition.

The Board has determined that the veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and thus grants a TDIU.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for bilateral cold injury of the feet, but denied both claims.,Service connection was not established for bilateral cold injury of the hands.

The Board denied the veteran's claims for service connection for various conditions, including right knee condition, left knee condition, tinnitus, COPD/asthma, PTSD, bilateral hearing loss, diabetes mellitus, neuropathy of the legs and arms, and loss of use of a creative organ. The denial is based on lack of evidence linking these conditions to service or other presumptive exposure.

The veteran's claims for increased ratings for diabetes mellitus type II and peripheral neuropathy of the left upper extremity were granted, but both conditions are currently rated at their maximum allowable levels.

The Board has determined that the veteran did not have exposure to Agent Orange during his military service and therefore cannot establish a presumption of service connection for any conditions related to such exposure. The claims for service connection for type II diabetes mellitus, skin disorder, peripheral neuropathy, hypertension, heart disorder, and stomach disorder are all denied.

The veteran's claim for a total disability rating due to individual unemployability (TDIU) from November 4, 2004 to December 13, 2006 was denied as she did not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a).

The Board has determined that the veteran does not have a current diagnosis of peripheral neuropathy and his claims for hearing loss, arthritis of the lumbar spine, and coronary artery disease are denied as they are not related to service. The claim for service connection for peripheral neuropathy is dismissed.

The veteran's claim for TDIU due to service-connected disabilities is remanded for further development, including a VA examination and consideration of the evidence.

The veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities, to include as due to exposure to herbicide agents inservice, has been reopened. The claim for service connection for bilateral hearing loss remains denied.

The Board denied the veteran's claims for higher initial ratings for coronary artery disease and erectile dysfunction, as well as his claim for service connection for hypertension. The veteran was granted a noncompensable rating for erectile dysfunction due to his diabetes mellitus.

The Board has ordered a remand due to the lack of medical evidence and the need for further examination. The veteran's claim will be reconsidered based on the additional information obtained.