Peripheral neuropathy decisions — 2009

The Board has remanded the case for additional development, including obtaining medical records and determining when the Veteran's peripheral neuropathy was initially diagnosed. The Veteran is also given an opportunity to perfect his appeal regarding the PTSD disability rating.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his peripheral neuropathy in both upper extremities and to determine if he should be considered for a total rating based on individual unemployability (TDIU).

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and verifying service in Vietnam.

The Board found that the Veteran did not file a claim for separate evaluations for his right knee, ankle and bilateral leg disabilities prior to August 22, 2005. As such, the effective date of service connection cannot be earlier than August 22, 2005.

The appellant withdrew all of his claims before the Board could make a decision.

The Veteran's claim for service connection for pes planus has been reopened, but the claim remains denied as there is no evidence of a pre-existing condition being aggravated during service. Service connection for diabetic peripheral neuropathy of the lower extremities was not granted due to lack of evidence linking it to active service.

The Veteran's appeals have been dismissed as he has withdrawn all pending appeals.

The Board has determined that the Veteran's claims for specially adapted housing or a special home adaptation grant and financial assistance in the purchase of an automobile and adaptive equipment have not been met.

The Veteran's claims for service connection are being remanded due to incomplete information and evidence, including a need for additional examinations and opinions regarding the nature and etiology of his claimed conditions.

The Veteran's claim for a higher evaluation for his service-connected residuals of a fracture of the left elbow with ulnar neuropathy was denied. The RO had previously increased the evaluation to 30 percent in December 2006, effective May 2003.

The Board found that the Veteran's peripheral neuropathy of the lower extremities was not caused or aggravated by a disease or injury in service, including a service connected disease or injury.

The Veteran's appeal has been withdrawn before the Board could issue a decision. The claim for a higher rating for his low back disability is dismissed.

The Veteran's claims for increased ratings and effective dates were denied. The initial evaluations for peripheral neuropathy of the lower extremities remain at 10 percent, diabetes mellitus is rated 20 percent disabling, and PTSD does not meet criteria for a higher rating.

The Board has denied the Veteran's claims for service connection for a low back disorder and pain and numbness in the lower extremities, finding that there is no evidence of these conditions being incurred or aggravated by his military service. The Board also found that the Veteran did not meet the criteria for TDIU.

The Board has remanded the case for additional development, including obtaining VA and private medical records, corroborating the Veteran's allegation of in-country duty in Vietnam while on TDY during active service, and attempting to obtain up-to-date VA and non-VA treatment records.

The Veteran's left lateral femoral cutaneous nerve neuropathy is rated at 10 percent. The low back disability was initially rated as 10 percent prior to February 1, 2008, and increased to 40 percent from that date.

The Veteran's appeal is remanded for further development, including obtaining medical records and a VA examination to determine if his service-connected disabilities render him unemployable.

The Board denied service connection for peripheral neuropathy as secondary to diabetes mellitus and denied a rating in excess of 50 percent for major depressive disorder. The Veteran's symptoms do not meet the criteria for a higher rating.

The Veteran's claims for service connection for various conditions, including as a result of exposure to herbicides, are being remanded due to incomplete service records and changes in procedures for verifying Agent Orange exposure.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and he is therefore entitled to a TDIU.