Peripheral neuropathy decisions — 2008

The Board denied service connection for nerve damage and numbness to the left leg as residual of trauma to the iliac crest, but granted service connection for scarring. The veteran's current conditions are not related to his military service.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board has determined that the veteran's left shoulder disability, including postoperative repair of recurrent dislocation and neuropathy of the axillary circumflex nerve, warrants a separate 10 percent rating for the neuropathy. The claim for an increased rating for the postoperative repair of recurrent dislocation is denied.

The Board has remanded the case for scheduling a videoconference hearing before a Veterans Law Judge due to due process deficiencies and the appellant's request.

The Board denied the veteran's claims for an earlier effective date for a compensable rating for cervical spine degenerative arthritis, service connection for diabetes mellitus and peripheral neuropathy. The RO found no evidence of an earlier claim or medical evaluation prior to December 10, 2003.

The Board denied the veteran's claims for higher ratings and earlier effective dates, finding that the evidence did not support an increased rating or earlier effective date.

The veteran's claims for earlier effective dates and increased ratings were denied as there was no evidence of an earlier claim or that the criteria for service connection had been met.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities and diabetes mellitus, but denied claims for other conditions including PTSD, diabetic retinopathy, mental deficiency (comprehension delay/loss), and a dental disorder.

The Board has determined that the veteran submitted new and material evidence sufficient to reopen his claim for service connection for a low back disability. The case is being remanded for additional development, including obtaining an additional VA examination and opinion.

The veteran's peripheral neuropathy of the bilateral lower extremities is not related to his active duty service. The need for aid and attendance is attributed to multiple nonservice-connected conditions, including diabetes and carpal tunnel syndrome. Therefore, service connection cannot be granted, and special monthly compensation by reason of need for regular aid and attendance is denied.

The veteran's claim for TDIU is being remanded due to the need for additional medical examinations and development of his service-connected disabilities.

The Board denied service connection for impotence and neuropathy of the lower extremities, finding no evidence of an inservice occurrence or a nexus to service.

The veteran's right lower extremity peripheral neuropathy is rated at 20 percent, while his left lower extremity peripheral neuropathy remains at 10 percent. The appeal is allowed for the right side but denied for the left.

The Board has referred the case to the Under Secretary for Benefits or Director of Compensation and Pension Service for consideration of an extra-schedular evaluation under both 38 C.F.R. § 4.16(b) and 38 C.F.R. § 3.321(b)(1). The veteran is unable to secure or follow a substantially gainful occupation due to his service-connected left ulnar neuropathy.

The Board has granted service connection for diabetes mellitus, coronary artery disease, and peripheral neuropathy. The veteran's dysthymic disorder is being remanded for further examination to determine if it is related to his service-connected diabetes. TDIU remains pending.

The Board denied the veteran's claim for an earlier effective date of service connection for diabetic peripheral neuropathy of the right and left lower extremities, finding that the earliest possible date was February 14, 2005.

The veteran's claim for an earlier effective date for the grants of service connection for diabetes mellitus, type II, peripheral neuropathy of the upper and lower extremities, and erectile dysfunction is denied as lacking legal merit due to the one-year retroactive limit imposed by VA regulations.

The veteran's claim for an evaluation in excess of 30 percent for residuals of a fracture of the left elbow with ulnar neuropathy is being remanded due to insufficient medical evidence to properly evaluate his orthopedic impairment.

The Board denied the veteran's claims for earlier effective dates for service connection and increased evaluations of his diabetic retinopathy and peripheral neuropathy. The appeals were based on the timing of the veteran's initial claims and the date of clinical findings.

The Board denied service connection for peripheral neuropathy and actinic and seborrheic keratosis, as secondary to herbicide exposure, mustard gas exposure, and radiation exposure.