Peripheral neuropathy decisions — 2008

The RO granted service connection for peripheral neuropathy in May 2007, prior to the appeal being finalized.

The Board found that there is no evidence to support a connection between the appellant's service-connected right shoulder disability and his current numbness in the fingertips, right hand. The VA medical opinions were deemed dispositive in determining that the appellant's upper extremity paresthesias are not due to or aggravated by his right shoulder disability.

The Board denied the veteran's request to reopen his claim for service connection for peripheral neuropathy and also denied his claim for carpal tunnel syndrome. The veteran is not entitled to either benefit.

The Board has reopened the veteran's claim for service connection for peripheral neuropathy, including as due to exposure to Agent Orange (herbicides), and finds that new evidence received since the last final denial raises a reasonable possibility of substantiating the claim. The Board also finds that the veteran was exposed to herbicide agents during his service in Vietnam, which is presumed under VA regulations.

The veteran is seeking service connection for peripheral neuropathy of the lower extremities as secondary to his service-connected cold injury residuals. The Board has ordered additional development due to missing VA treatment records and private medical records.

The Board has determined that the veteran's service-connected neuropathy of the right lower extremity is characterized by moderate impairment due to weakness, diminished reflexes, and gait abnormalities. The criteria for a disability rating of 20 percent have been approximated.

The VA determined that the veteran's left upper extremity peripheral neuropathy does not meet or approximate criteria for a higher rating, as it did not significantly worsen to qualify for a higher disability rating.

The Board granted service connection for peripheral neuropathy as secondary to the veteran's service-connected diabetes mellitus, type II. However, it denied service connection for Parkinson's disease due to lack of evidence linking the condition to active duty service or herbicide exposure.

The veteran's TDIU claim is being remanded due to the need for a VA examination to assess the severity of his service-connected disabilities and their impact on his ability to work.

For the period of increased rating claim from September 29, 2005, the veteran's right cubital tunnel syndrome with ulnar neuropathy has been manifested by subjective complaints of numbness and constant pain, resulting in disability comparable to moderate incomplete paralysis of the major ulnar nerve. The Board granted a 30 percent evaluation for this condition.

The veteran's left medial nerve neuropathy is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Board denied the veteran's claims for service connection for bilateral hearing loss and bilateral peripheral neuropathy, finding that his current auditory thresholds did not meet the criteria for VA disability benefits. The RO must be remanded to provide an examination assessing both speech recognition and auditory threshold levels.

The veteran's claims for increased ratings and service connection were denied. His diabetes mellitus, type II, was not rated higher than 20 percent. Bilateral hearing loss and tinnitus were not found to be related to service or service-connected conditions. Peripheral neuropathy of the upper extremities was also not found to be related to service.

The Board has determined that the veteran does not have peripheral neuropathy of either lower extremity and therefore, service connection for this condition is denied. The issue of hypertension as secondary to diabetes mellitus (Type II) will be addressed in a separate remand.

The Board finds that the veteran's peripheral neuropathy of the upper extremities is secondary to his service-connected diabetes mellitus. However, there is no evidence linking the veteran's peripheral neuropathy of the left lower extremity to his military service or his service-connected diabetes.

The veteran's tinnitus is found to be related to his service, and he is granted service connection for this condition. The issues of peripheral neuropathy in the upper extremities are remanded.

The Board denied the veteran's claim for service connection for peripheral neuropathy as a result of exposure to Agent Orange, finding that there was no evidence of such condition during or within one year after service.

The Board found that the veteran's peripheral neuropathy of both upper and lower extremities is not related to service or any presumptive exposure, and denied his claims for service connection.

The Board has determined that the veteran's diabetic neuropathy with hypertension does not warrant a higher initial evaluation, as it only meets the criteria for a 30 percent rating under Diagnostic Code 7541.

The Board has determined that the veteran's right lower extremity neuropathy is not related to his time in service and therefore denied his claim for service connection.