Peripheral neuropathy decisions — 2009

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and verification of stressor events.

The Veteran withdrew his claims for bilateral hearing loss, neuropathy of the right upper extremity, and neuropathy of the left upper extremity. The claim for special monthly pension was also withdrawn.,PTSD was not diagnosed in service or post-service.

The Board found that the Veteran's neuropathy of his lower extremities was not incurred in service and is not proximately due to or the result of a service-connected disability.

The Board has granted service connection for diabetes mellitus and its associated peripheral neuropathy, nephropathy, and retinopathy. The Veteran's conditions are found to be related to his active duty service.

The Veteran's appeal involves the initial ratings assigned for service-connected conditions including diabetes mellitus, sensory peripheral neuropathy of the right lower extremity, common peroneal neuropathy and sensory peripheral neuropathy of the left lower extremity, and PTSD. The RO has granted service connection for these conditions but did not specify any particular theory of service connection or exposure basis.

The Veteran's service-connected diabetic neuropathy in both lower extremities is rated at 30 percent, reflecting severe incomplete paralysis of the external popliteal nerve (common peroneal).

The Veteran's tinnitus is service-connected, and his PTSD warrants a 70% rating. The Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's diabetes mellitus, along with other service-connected conditions, has resulted in a 40 percent disability rating. The Board also granted the Veteran's claim for TDIU due to his inability to secure and maintain gainful employment.

The Veteran's appeal is remanded due to the need for additional evidence, including records from Social Security Administration and VA physical therapy records.

The Veteran's appeals for service connection for peripheral neuropathy, a skin rash, and fungus of the toes, all claimed as secondary to Agent Orange exposure, were withdrawn. The Board also denied service connection for tinnitus and vertigo, finding no current disability and insufficient evidence linking these conditions to service.

The Board found that the Veteran's peripheral neuropathy of the right lower extremity was not incurred in or aggravated by service and is not causally related to his service-connected disability. The criteria for a TDIU were also not met.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a current disability that would warrant an increased rating, and the Veteran did not provide sufficient evidence to establish service connection for hypertension.

The Veteran's appeal for an increased rating of diabetes mellitus with diabetic retinopathy was withdrawn prior to the issuance of a decision. The remaining issues regarding increased ratings for diabetic neuropathy of the right upper and bilateral lower extremities are being remanded.

The Board has determined that the Veteran's service connection claims for Posttraumatic Stress Disorder and Peripheral Neuropathy of the Feet are granted, with the latter being related to in-service cold injury.

The Board found that the Veteran's peripheral neuropathy involving each lower extremity is not related to his in-service herbicide exposure and denied his claim.

The Veteran's claims for higher ratings for diabetic neuropathy of the lower extremities have been granted, with a rating of 20 percent effective from September 8, 2005.

The Board has remanded the case for additional development, including a VA examination and further consideration of the Veteran's claim for service connection for peripheral neuropathy.

The Veteran's kidney disorder and peripheral neuropathy of the upper and lower extremities were not incurred in or aggravated by active duty service, nor are they proximately due to or the result of a service-connected disability.

The Board denied the Veteran's claims for increased ratings and service connection, finding no current disability or evidence of a nexus between his claimed conditions and service. The Veteran was not granted any new and material evidence to reopen his claim regarding status-post meningioma.

The Veteran's service-connected osteoarthritis of the lumbar spine is found to be secondary to his peripheral neuropathy. From April 29, 2005 to June 30, 2008, he was granted a rating of 10 percent for this condition.