Peripheral neuropathy decisions — 2009

The Veteran's claim of service connection for a back disorder is being remanded due to the need for additional medical examination and development of records.

The Veteran seeks service connection for motor neuropathy with autonomic elements, which he claims is due to his military service. The Board has determined that a VA examination is needed to determine the nature and likely etiology of the claimed condition.

The Board denied the Veteran's claims of service connection for asthma, peripheral neuropathy of the lower extremities, chemical sensitivity, congestive heart failure, and small ischemic vessel disease, including strokes, all to include as due to exposure to Agent Orange. The appeals were not decided on a direct basis but rather based on presumptive service connection.

The Board finds that the appellant is not in need of regular aid and attendance or substantially confined to her home due to her disabilities, and therefore does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Veteran's diabetes mellitus is presumed to have been due to service, including herbicide exposure. The Board finds that the Veteran has current peripheral neuropathy of the bilateral upper and lower extremities, chronic inflammatory demyelinating polyneuropathy, and erectile dysfunction that are related to his service-connected diabetes mellitus.

The Board found that the Veteran's cause of death was not related to service-connected conditions, and thus denied the claim for service connection for the cause of his death.

The Board denied service connection for a left leg condition and shortening leg syndrome (congenital) as secondary to the Veteran's service-connected foot deformity, including pes planus and claw toes. The evidence did not support these claims.

The Veteran's claims are being remanded for further development, including obtaining additional medical records and conducting examinations to assess his service-connected conditions and any new psychiatric disorders.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities and nephropathy as secondary to service-connected type II diabetes mellitus.

The Veteran's service-connected disabilities, including coronary artery disease (CAD) and diabetes mellitus, are reasonably shown to be of such nature and severity as to preclude him from participating in any regular substantially gainful employment.

The Veteran's combined disability rating is 70%, meeting the minimum schedular criteria for TDIU under 38 C.F.R. § 4.16(a). However, his service-connected disabilities do not render him unemployable due to their severity alone.

The Board determined that the Veteran's left upper extremity disability, characterized by compression neuropathy, pain, and weakness associated with cervical spondylosis, status/post C5-6 and C6-7 fusion with history of thoracic outlet syndrome (minor shoulder), does not meet the criteria for a compensable evaluation under VA rating criteria.

The Board denied the Veteran's claim for service connection for Bell's palsy as secondary to his service-connected hearing loss. The combined evaluation of his service-connected disabilities is currently at 80 percent.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance has been granted due to his service-connected disabilities that make him unable to care for himself or protect himself from daily hazards.

The Board found that there is no evidence of current peripheral neuropathy in either lower extremity and the Veteran's leg numbness and tingling are attributed to his diabetes. Therefore, service connection for bilateral lower extremity peripheral neuropathy secondary to service-connected diabetes mellitus was denied.

The Veteran's claim for an increased rating for left brachial plexus neuropathy is being remanded due to allegations of worsening disability and the need for additional VA examination.

The Veteran's lumbar spine disability is rated at 40 percent, and his claims for service connection of peripheral neuropathy of the left and right lower extremities were denied. The Board found that the evidence did not support a higher rating or service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the Veteran's claims for service connection for hypertension and initial compensable evaluations for peripheral neuropathy of both lower extremities due to conflicting opinions in the examination reports, unclear rationale provided by the examiner, and clarification needed on the etiology of the Veteran's hypertension.

The Board has determined that the Veteran's claimed conditions are not related to his active service and have denied all of his claims for service connection.