Peripheral neuropathy decisions — 2008

The veteran's death was not caused by a service-connected disability, and therefore, he is not eligible for service-connected burial allowance.

The Board has granted initial noncompensable ratings for peripheral neuropathy of the right and left lower extremities, but has determined that increased initial ratings of 20 percent are warranted.

The Board denied the veteran's claim for service connection for peripheral neuropathy, finding that it was not incurred in or aggravated by service and is unrelated to his military service including exposure to Agent Orange.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for cracked cervical vertebrae with neuropathy of the right upper extremity. The veteran's current degenerative disc disease of the lumbar spine is not etiologically related to active duty service.

The Board denied the veteran's claims for service connection for PTSD and neuropathy due to a herniated disc, finding that new and material evidence had not been presented to reopen his previously denied claims.

The Board has determined that the veteran's left optic neuropathy with visual field loss is a residual of an injury sustained during service and grants service connection for this condition.

The veteran's claims for service connection were granted with effective dates of September 29, 1993. The RO assigned disability ratings and effective dates based on the earliest date of objective medical evidence supporting the evaluations.

The RO has granted service connection for tremors (peripheral neuropathy) of the hands and assigned a 20 percent evaluation to each hand, while continuing a 20 percent rating for diabetes mellitus. The case is now remanded due to the veteran's request for a travel board hearing.

The veteran's service-connected low back disability with neuropathy is rated as 60 percent disabling, which satisfies the schedular threshold for consideration of a TDIU. The Board determined that the veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing assistance or special home adaptation grant, automobile and adaptive equipment, or SMC based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claims for service connection for hypertension, bilateral hip condition, peripheral neuropathy of the upper and lower extremities, and bilateral hearing loss. The decision found no current diagnoses or evidence linking these conditions to service, particularly given the presumptive exposure to Agent Orange.

The Board has remanded the case for additional development due to missing medical records and a need for further examination.

The veteran's hiatal hernia has been rated at 10 percent since February 6, 2008. The Board also granted service connection for left arm palsy with symptoms of radial nerve weakness and ulnar neuropathy.

The Board found that the veteran's diabetes mellitus was not incurred in service and is not due to Agent Orange exposure. The claims for retinopathy and peripheral neuropathy, which are secondary to diabetes mellitus, were also denied as there is no evidence of these conditions being related to service or Agent Orange exposure.

The veteran's hypertension was not incurred during active service and there is no competent medical evidence linking it to service.,Bilateral peripheral neuropathy has not been diagnosed, and the earliest evidence of a diagnosis is several years after separation from service.,Spermatocele was first clinically confirmed during a period of IDT following a motor vehicle accident. Service connection is granted based on this history.,PTSD does not meet criteria for total occupational and social impairment.,Cervical contusion and sprain have been manifested by moderate limitation of motion with no incapacitating episodes requiring bed rest.,Lumbar spine contusion and strain with radiculopathy were manifested by characteristic pain on motion with slight to severe limitations in motion, but without incapacitating episodes requiring bed rest prior or since February 24, 2006.

The Board has denied the veteran's claims for service connection for neuropathy as secondary to diabetes mellitus, type I, with retinopathy and for evaluations in excess of 60 percent for diabetes mellitus, type I, with retinopathy. The claim for residuals of Graves' disease is also denied.

The veteran's claims for higher ratings for epicondylitis of the right elbow, post-surgical residuals of subluxation at the right radial ulnar joint, and peripheral neuropathy of the right ulnar nerve were denied. The claim for TDIU was also denied.

The veteran's peripheral polyneuropathy is not considered to have been caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar fault. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The veteran's claim for separate 10 percent evaluations for peripheral neuropathy of bilateral upper and lower extremities is denied as the criteria were not met prior to April 4, 2006.

The Board has granted a 60 percent evaluation for the veteran's Type I diabetes mellitus with nephropathy and diabetic retinopathy, which was previously evaluated as 20 percent disabling.