Peripheral neuropathy decisions — 2009

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed conditions, including PTSD and peripheral neuropathy. The case will be remanded for further examination and opinion.

The Board has determined that the appellant's hypertension and peripheral neuropathy of the feet are not service connected, as there is no evidence linking these conditions to his active military service or any presumptive exposure to herbicides. The claims for service connection have been denied.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of the left lower extremity and chronic hypertension, finding no current diagnosis or evidence linking these conditions to his active duty service.

The Board denied the Veteran's claims for increased initial evaluations for peripheral neuropathy of the right and left lower extremities, finding that the evidence did not support an evaluation greater than 10 percent.

The Veteran's knee and ankle disabilities, as well as her peripheral neuropathy, are currently evaluated at the lowest possible rating of 10 percent. The Board finds that there is no evidence to support a higher evaluation for any of these conditions.

The Veteran's initial rating for diabetes mellitus type II was granted at 10 percent, and service connection for peripheral neuropathy of the bilateral feet was established. The Veteran does not meet criteria for a higher rating or additional compensation.

Effective February 28, 2005 to January 28, 2008, the Veteran's peripheral neuropathy of the bilateral lower extremities is manifested by some functional impairment in that he cannot walk long distances; numbness to the toes; and objective findings of decreased monofilament testing, decreased vibrational sensation, and noxious response to scratch testing.,Effective January 28, 2008, the Veteran's peripheral neuropathy of the bilateral lower extremities is manifested by complaints that his peripheral neuropathy was worse in that he now had constant numbness and tingling in his feet and toes; continued functional impairment in that he could not walk for long distances or run; and clinical evaluation of scattered sensation to both extremities to light touch, lost light touch sensation from the mid-calf, some abnormal vibrational testing to the feet, and loss of cool sensation in the right foot.

The Board has determined that the appellant's service connection claims must be remanded to determine his status at the time of the claimed injury, specifically whether he qualifies as a 'Veteran' for VA compensation purposes for his period of active duty training (ACDUTRA) and Nebraska Army National Guard service. If it is determined he qualifies as a 'Veteran', further medical opinions are needed to decide if his current disabilities incurred or aggravated during these periods.

The Veteran has withdrawn his appeals, effectively ending the appeal process.

The Board has remanded the case for further development, including obtaining SSA records and a VA examination. The Veteran's claim will be reconsidered based on this additional evidence.

The Board denied service connection for various conditions, including benign tumors of the colon, migraines, hearing loss, tinnitus, peripheral neuropathy, psychiatric disorders, and vascular diseases. The appeal was reopened on new evidence.

The Veteran's service-connected disabilities, including PTSD and diabetes, meet the schedular requirements for consideration of a TDIU under 38 C.F.R. § 4.16(a), as his combined rating is 80 percent with at least one disability rated as 40 percent disabling.

The Veteran's service-connected neuropathy of the right and left lower extremities, previously rated as traumatic myelopathy with Brown-Sequard syndrome, is now rated at 40 percent each, effective from the date of the decision.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss and diabetes mellitus, as well as service connection for diabetic retinopathy and peripheral neuropathy of the lower extremities. The RO granted an initial noncompensable rating for diabetes mellitus due to Agent Orange exposure.

The Board denied service connection for peripheral neuropathy, claimed as secondary to service-connected diabetes mellitus. The claim for an initial rating in excess of 10 percent for PTSD is remanded.

The Board has granted the Veteran's claim for service connection for bilateral lower extremity peripheral neuropathy, finding that it is at least as likely as not related to his presumed exposure to herbicides in Vietnam.

The Board has determined that the veteran's service connection claim for residuals of a cold injury, including peripheral vascular disease and peripheral neuropathy, is granted.

The Veteran is granted a 30 percent rating for peripheral neuropathy of the left lower extremity, effective from April 2008.,The Veteran's bilateral ear fungus claim is denied as there are no current symptoms or treatment.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of a formal or informal claim prior to June 9, 2005.

The Board has granted service connection for peripheral neuropathy as secondary to hepatitis C. The claim of entitlement to service connection for disability of the feet and heels is denied because no new and material evidence was received.