Peripheral neuropathy decisions — 2009

The Board has determined that the Veteran's cardiomyopathy, diabetic nephropathy, and bilateral peripheral neuropathy are likely caused by his service-connected diabetes mellitus. The Veteran does not have a hearing loss disability in the left ear for VA purposes.

The Board has determined that the Veteran's peripheral neuropathy of the upper and lower extremities is not service-connected, as there is no evidence linking it to his military service or exposure to herbicides. The claim for service connection was denied.

The Board determined that the Veteran's service connection for diabetes mellitus with oculopathy and progressive neuropathy, based on presumed exposure to herbicides as indicated by his Vietnam Service Medal, was clearly and unmistakably erroneous due to lack of actual service in Vietnam. As a result, the rating decision granting this condition was severed.

The Veteran's service-connected conditions do not meet the criteria for SMC based on need for aid and attendance or housebound status since June 23, 2008.

The Veteran's claims for higher initial ratings for left upper extremity neuropathy and left wrist DJD are being remanded due to the need for additional examination findings. The claim for an increased rating for bilateral hearing loss remains on appeal.

The Board found that the Veteran's degenerative disc disease of the cervical spine with neuropathy of the right upper extremity and arthritis were incurred in active service.

The Veteran's claim for service connection for peripheral neuropathy of the extremities was denied. The Veteran received a 70% rating for PTSD from March 23, 2005 to October 19, 2006.

The Veteran's claim for service connection for peripheral neuropathy of the legs and feet, claimed as due to exposure to Agent Orange, is being remanded for further development.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining updated treatment records and arranging VA examinations.

The Board denied the Veteran's claims for service connection for MGUS, peripheral neuropathy of the lower extremities, and coronary artery disease. The evidence did not show a nexus between these conditions and active military service.

The Board denied the Veteran's claims of service connection for various conditions, including prostate cancer, melanoma, basal cell carcinoma, diabetes mellitus with peripheral neuropathy, and skin disorders, all claimed as secondary to herbicide exposure. The evidence did not support a finding that these conditions were related to his active service or to herbicide exposure.

The Veteran's service-connected autonomic neuropathy with neurogenic dysregulation and intermittent near-syncope, and loss of thermoregulatory control is not rated as compensable. The initial noncompensable rating for asteatotic eczema prior to March 24, 2009 has also been denied.

The Board has remanded the case for further development and consideration, including obtaining additional medical records, clarifying the Veteran's claims, and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Veteran's claim for service connection for peripheral neuropathy, bilateral upper and lower extremities as a result of exposure to Agent Orange is being remanded due to the need for additional development including a VA examination.

The Board has determined that the Veteran's type 2 diabetes mellitus does not require regulation of his activities, and therefore a rating in excess of 20 percent is denied.

The Veteran's left knee arthrotomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the left knee has been limited to 90 degrees and extension has always been to zero degrees.,The Veteran's right knee meniscectomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the right knee has been limited to 50 degrees and extension has always been to zero degrees.,The Veteran's left ankle disability has not manifested by ankylosis, malunion of the os calcis or astragulus, astragalectomy or marked limitation of motion.,The Veteran's left thumb disability has never manifested by ankylosis or inability to oppose the thumb.,The Veteran's tinea versicolor does not affect the head, face or neck or involve scarring; it has manifested by hyperpigmented lesions that do not affect at least 20 percent of the entire body or exposed areas, and has never required systemic therapy.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations to determine the current severity of his service-connected diabetes mellitus, type II, and peripheral neuropathy. The Veteran also contends that he requires regulation of activities due to his diabetes.

The Veteran's appeal has been dismissed due to his death.

The Veteran's service-connected disabilities are of such severity as to render him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU.