Peripheral neuropathy decisions — 2009

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's peripheral neuropathy of each lower extremity has been rated at 20 percent, the highest initial rating available under VA regulations. The Board finds that his symptoms, including pain, numbness, and tingling, have more nearly approximated moderate incomplete paralysis of the sciatic nerve.

The Board denied the Veteran's claims for an increased rating for type II diabetes mellitus and service connection for peripheral neuropathy of the lower extremities, finding that his diabetes required only oral hypoglycemic agents and a restricted diet without requiring regulation of activities.

The Board finds that the Veteran's peripheral neuropathy of the right and left legs is causally related to his active service, including exposure to extreme cold conditions.

The Board denied the Veteran's claim for an effective date prior to June 12, 2006, for a grant of total disability due to individual unemployability (TDIU) because the increase in disability was not ascertainable within one year prior to the date of the claim. The effective date is set at June 12, 2006.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran seeks service connection for peripheral neuropathy, which is presumed due to exposure to herbicides during his service in Vietnam. The case has been remanded for further medical evaluation and opinion regarding the relationship between the Veteran's current condition and his military service.

The Veteran's TDIU claim was denied because he failed to report for scheduled VA examinations needed to determine his employability.

The Board has remanded the case due to new evidence and for additional development, including obtaining SSA records and scheduling VA examinations.

The Board found that the Veteran's claimed disabilities, including swollen and painful joints (fibromyalgia), osteoarthritis of the spine, and neuropathy of the arms and legs, were not incurred in or aggravated by active service. The evidence did not support a finding that these conditions were related to an in-service electrical shock.

The Board has determined that additional development is needed to determine if the Veteran's peripheral neuropathy was caused or aggravated by his service-connected diabetes mellitus, and whether it is at least as likely as not related to his service.

The Board has remanded the case due to incomplete records and issues related to service connection for erectile dysfunction, diabetes mellitus, and its related conditions.

The Board has determined that the Veteran's service-connected peripheral neuropathy of the bilateral lower extremities warrants a rating of 40 percent as of July 31, 2008. The evidence is at least in equipoise that the condition is manifested by moderately severe impairment.

The Veteran's claims for service connection for PTSD, increased evaluations for diabetes mellitus and hypertension, and compensable evaluation for cataracts were all denied. The Veteran's claim for service connection for depression was also denied.

The Board has remanded the case for additional development, including obtaining records from Florida Hospital South and providing a medical opinion on whether the Veteran's service-connected disabilities prevent him from working. The issues of service connection for neuropathy, neurogenic bladder, IBS secondary to migraine headaches, depression, and alcoholism secondary to PTSD are also inextricably intertwined with the TDIU issue.

The Board found that the Veteran's current complaints of hand cramping are related to pre-existing conditions such as carpal tunnel syndrome, ulnar neuropathy, and cervical spine radiculopathy, which are not service-connected. The chronic disability of cramps in the neck, feet, and legs is also not shown.

The Veteran's service-connected disabilities, including PTSD and frostbite residuals of the lower extremities, do not render him unemployable due to their severity.

The Board denied the Veteran's claims for service connection for peripheral neuropathy and prostate cancer, finding that new and material evidence had not been submitted to reopen these previously denied claims.

The Veteran's combined evaluation for service-connected disabilities is 80 percent from June 20, 2000 to June 10, 2004, and 90 percent from June 11, 2004. The criteria for assignment of an increased combined evaluation are not met.

The Board finds that the Veteran was not unemployable due to her service-connected disabilities prior to October 23, 2002 and therefore denies an earlier effective date for TDIU.