Peripheral neuropathy decisions — 2008

The veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that the veteran's claimed peripheral neuropathy and COPD are not related to service, including exposure to Agent Orange. The claims for these conditions have been denied.

The VA determined that the veteran's peripheral neuropathy of the hands and feet is not related to his military service, including presumed herbicide exposure in Vietnam.

The Board found that the veteran's cause of death, recurrent cardiac dysrhythmias due to ischemic heart disease and coronary heart disease, was not related to his military service or any of his service-connected disabilities.

The veteran's service-connected diabetic peripheral neuropathy of the lower extremities has been rated based on its severity. Prior to July 13, 2005, a rating in excess of 10 percent was not warranted for either lower extremity. From July 13, 2005, a higher rating than 30 percent is also not supported by the evidence. The veteran's TDIU claim has been granted.

The Board found that the veteran does not currently suffer from left leg neuropathy and denied his claim for service connection.

The Board has granted a 40 percent rating for diabetes mellitus, the maximum available under the applicable diagnostic code. The veteran's disability from diabetes is not more nearly approximated by a higher rating due to complications such as hospitalizations or visits to diabetic care providers.

The veteran's service-connected disabilities do not render him unemployable, as he has not provided evidence that his conditions prevent him from securing and maintaining substantially gainful employment.

The Board has determined that there is a procedural defect and requires the RO to prepare a Supplemental Statement of the Case (SSOC) addressing new evidence received since the May 2007 SSOC.

The Board has denied the veteran's claims for service connection for esophageal disorder, hypertension, chronic heart disorder, and peripheral neuropathy as there is no evidence of a current disability related to his military service.

The veteran's claim for service connection for peripheral neuropathy, claimed as a residual of asbestos exposure, is being remanded due to the need for additional medical examination.

The veteran's service-connected diabetes mellitus and diabetic peripheral neuropathy were found to be mildly disabling, warranting a 10 percent rating for each lower extremity.

The veteran's service-connected peripheral neuropathy of the left and right lower extremities has been rated at 30 percent since October 2000. The RO found that his symptoms do not warrant a higher rating as they have consistently been described as severe incomplete paralysis.

The veteran's claim for increased ratings for cervical disc disease and erectile dysfunction was denied. The Board found that the evidence did not support a compensable evaluation for erectile dysfunction, as there was no deformity of the penis.

The Board found that the veteran does not have current peripheral neuropathy of the upper and lower extremities, and thus denied his claim for service connection. The initial rating for diabetes mellitus was also denied as it only requires treatment with a restricted diet.

The veteran's service-connected disabilities, including lumbosacral strain, depression and anxiety, peripheral neuropathy of the left lower extremity, and right great toe disorder, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's Behcet's Syndrome is rated at 60 percent for skin manifestations, with additional ratings assigned for recurrent aphthous stomatitis (50%), tongue lesions (30%), and neuropathy of the lower extremities (20% each). The adjustment disorder is noncompensable.

The veteran's service-connected peripheral neuropathy of the right and left lower extremities is currently rated at 10 percent, but does not meet the criteria for a higher rating as it is not manifested by severe incomplete paralysis.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment, nor does he have a need for regular aid and attendance due to his service-connected conditions.