Peripheral neuropathy decisions — 2009

The Veteran's service-connected diabetes mellitus and bilateral lower extremity neuropathy are not shown to warrant a higher rating under the applicable diagnostic codes.,A 20 percent rating for diabetes mellitus is assigned, as it requires insulin and restricted diet. The Veteran does not have regulation of activities.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria based on his service-connected disabilities.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support higher evaluations for headaches, left and right lower extremity disabilities, or scars.

The Veteran's service-connected peripheral neuropathy of the right and left lower extremities, associated with type II diabetes mellitus, has been granted increased evaluations to 40 percent effective January 28, 2009.

The Veteran seeks service connection for various conditions, including fibromyalgia and other health issues, all claimed as secondary to chemical and/or biological exposure during active duty. The Board finds that additional development is necessary due to the unclear nature of the classified agent exposure.

The Board has granted service connection for demyelinating neuropathy of the right and left posterior tibial nerves, finding that the Veteran's condition began during his active military service.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU rating.

The Veteran's appeal is being remanded for additional development due to the need for an etiological opinion regarding his detached retina and hearing loss, as well as issues related to his diabetes mellitus and erectile dysfunction.

The Veteran's PTSD is currently rated at 50 percent, and his left upper extremity neuropathy (minor) is rated at 10 percent. Both conditions are not considered for higher ratings as they do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied the Veteran's claim for service connection for peripheral neuropathy, finding that it was not incurred in or aggravated by service and could not be presumed due to herbicide exposure.

The Veteran's service connection for diabetic neuropathy of the left upper extremity is granted. Service connection for kidney failure and back neuropathy are not established, but service connection for loss of balance is denied. The Veteran's service-connected diabetic neuropathy of the lower extremities results in moderate impairment prior to January 9, 2007, and severe impairment from that date forward.

The Board has determined that the Veteran's diabetic neuropathy of both lower extremities warrants a rating in excess of 10 percent, with each leg receiving a 20 percent evaluation.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a current disability related to the claimed conditions, or that they are otherwise service-connected.

The Veteran's appeals for increased ratings for diabetes mellitus and neuropathy due to injury of the inferior orbital nerve were denied. The Veteran's diabetes requires insulin and a restricted diet, but does not require regulation of activities. His right orbital nerve disorder is manifested by numbness of the right cheek.

The Veteran's bilateral sensorineural hearing loss and tinnitus are not service-connected.,The Veteran's peripheral neuropathy of the upper extremities is not service-connected, as it did not manifest within one year of separation from service and there is no evidence linking it to his service-connected diabetes mellitus, type II or any other incident of service.

The Veteran's claim for service connection for multifocal motor neuropathy, which he contends is related to his military service and exposure to herbicides (including Agent Orange), was denied as there is no medical evidence showing a relationship between the current neurological disability and his service.

The Veteran's claims for increased ratings for diabetes mellitus and peripheral neuropathy of the lower extremities have been denied. The RO awarded a 40 percent rating effective September 26, 2006, for right and left lower extremity peripheral neuropathy.

The Board has withdrawn the Veteran's appeals for service connection for bilateral hearing loss, facial skin blemishes, and a prostate disability; entitlement to an increased rating for epidermophytosis; and entitlement to a compensable rating for malaria. The Veteran's tinnitus was not incurred in or aggravated by active service.

The Board has determined that the appellant's peripheral neuropathy of both right and left lower extremities was incurred during service, granting service connection for these conditions.

The Veteran is granted special monthly pension at the housebound rate due to his age and multiple nonservice-connected disabilities, with a combined rating of 80 percent.