Peripheral neuropathy decisions — 2008

The Board has determined that the veteran's peripheral neuropathy of the lower extremities and erectile dysfunction are secondary to his service-connected diabetes mellitus, warranting a grant of service connection for both conditions.

The Board has determined that the veteran does not have a hip disability, low back disability, amputation of the right big toe, amputation of toes of the left foot, or recurrent ulcerations of the feet that are attributable to military service. Diabetes mellitus and arteriosclerotic heart disease were not shown within one year of separation from active duty.

The veteran's claims for increased ratings for tinnitus and service connection for peripheral neuropathy of the hands and feet were denied as there was no evidence linking these conditions to his military service.

The Board has determined that the appellant is entitled to a partial waiver of recovery of the overpayment of compensation benefits in the calculated amount of $58,824. Recovery of the remaining amount of the overpayment, in the calculated amount of $50,279, would not be against equity and good conscience.

The Board has determined that additional development is needed to address the merits of the veteran's claim for service connection for peripheral neuropathy as secondary to exposure to herbicides. The case is REMANDED for a VA examination and consideration of all evidence.

The Board has determined that the veteran's peripheral neuropathy is at least as likely as not related to his presumed exposure to herbicides during service in Vietnam, and thus grants service connection for this condition.

The VA examiner found that the veteran has peripheral neuropathy and that it is more likely than not related to exposure to herbicides during service. This evidence supports granting service connection for peripheral neuropathy.

The Board granted service connection for the claimed conditions and special monthly compensation based on need for regular aid and attendance due to diabetes mellitus. Accrued benefits were not payable.

The veteran's claim for service connection for bilateral severe sensory motor axonal peripheral neuropathy of the lower extremities, claimed as secondary to herbicide exposure, is being remanded due to incomplete examination reports and need for additional opinions.

The Board has determined that the veteran's peripheral neuropathy of the lower extremities warrants a 20 percent rating in each extremity, as his condition is characterized by moderate incomplete paralysis.

The Board denied increased ratings for diabetic neuropathy of the lower and upper extremities, as well as service connection for PTSD (reopened) and impotence. The veteran's diabetes mellitus was rated at 20 percent, but no higher rating is granted due to lack of moderate incomplete paralysis.

The Board has determined that the veteran's claims for service connection for peripheral vascular disease of the lower extremities, peripheral neuropathy of the upper and lower extremities, and pericarditis are denied. The effective date for the grant of service connection for diabetes mellitus type II is March 18, 2004.

The veteran does not have peripheral neuropathy or carpal tunnel syndrome of the right and left upper extremities that are related to his military service. His claim for TDIU is pending as he has other service-connected disabilities.

The Board found that the veteran's left lower extremity neuropathy was not caused by VA medical treatment and denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's appeals for increased disability ratings for his service-connected type II diabetes mellitus, peripheral neuropathy of the right and left lower extremities, and diabetic retinopathy have been granted with combined rating of 100 percent. As a result, there is no longer a case or controversy regarding these issues.

The Board found that the veteran does not have a right knee disability related to his military service and denied his claim. The issue of peripheral neuropathy is also denied as it was determined to be secondary to diabetes mellitus.

The Board denied the veteran's claims for service connection for peripheral neuropathy of the right and left lower extremities as residuals of cold injury, finding no direct evidence linking these conditions to active service.,Service connection was also denied for gout, with the Board noting that there is no direct evidence linking this condition to active service.

The Board denied service connection for anemia, exposure to Agent Orange, and increased evaluations for diabetes mellitus, thyroidectomy residuals, peripheral neuropathy of the upper and lower extremities. Service connection was granted for residuals of a thyroidectomy with a noncompensable rating.

The Board has remanded the case for additional development, including obtaining updated medical records and arranging for VA examinations to assess the veteran's low back strain and peripheral neuropathy of bilateral lower extremities.

The Board has determined that the veteran does not have current peripheral neuropathy of either lower extremity for purposes of service connection, and thus denied both issues on appeal.