Peripheral neuropathy decisions — 2009

The Board has remanded the case for additional development due to outstanding medical records and personnel records.

The Veteran's claim for service connection for peripheral neuropathy of the left and right lower extremities is being remanded due to a failure to obtain relevant SSA records.

The Board denied the Veteran's claims for service connection for various conditions, including hearing loss, PTSD, hypertension, skin growths, right hand neuropathy, temporomandibular joint dysfunction, kidney stones, and vision problems. The decision found that there was no evidence of a nexus between these conditions and active service or exposure to herbicide agents.

The Veteran's claim for service connection for bilateral neuropathy of the lower extremities was denied as there is no evidence showing that he currently has this condition. The claims to reopen for right shoulder disability, degenerative disc disease and/or degenerative joint disease of the cervical spine, skin cancer, and prostate cancer were also denied due to lack of new and material evidence.

The Veteran's appeal has been withdrawn due to the request for withdrawal of his appeal.

The Board denied service connection for basal cell carcinoma and bilateral peripheral neuropathy, finding that the Veteran did not have a disease or injury incurred in or aggravated by active service. The claim for peripheral neuropathy was remanded due to procedural issues.

The Veteran's peripheral neuropathy of the feet and left upper extremity have been granted increased ratings, with the right foot receiving a 40 percent rating since May 17, 2005. The Veteran's right upper extremity received a 30 percent rating since December 18, 2008.

The Board found that the Veteran's non-arteritic ischemic optic neuropathy (NAION) was not secondary to his service-connected diabetes mellitus and denied the claim.

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

The Board denied the Veteran's claims for service connection and increased rating for various conditions, including congestive heart condition, left foot amputation, peripheral neuropathy of the left lower extremity, and amoebic abscess of the liver.

The Board denied the Veteran's claims for service connection for hepatitis C and for evaluations in excess of 20 percent for diabetes mellitus, type II, and for evaluations in excess of 10 percent for diabetic peripheral neuropathy of the lower and upper extremities. The claim for hepatitis C was denied due to lack of a current diagnosis. The claim for diabetes mellitus was granted with a 20 percent evaluation.

The Board has determined that additional VA treatment records and the Veteran's complete personnel file are needed to properly adjudicate his service connection claims for bilateral flat feet, bilateral hearing loss, tinnitus, residuals of a cervical spine injury, peripheral neuropathy of the bilateral hands, and posttraumatic stress disorder (PTSD).

The appellant has withdrawn his appeal, and the case is dismissed.

The Board has determined that the Veteran does not currently have peripheral neuropathy of the upper extremities and therefore, service connection for this condition is denied.

The Board has determined that the Veteran's acute and subacute peripheral neuropathy is related to his service, specifically his exposure to organic solvents in paint and other chemicals during his military service. As a result, the claim for service connection is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for diabetes mellitus, type II or diabetic retinopathy of the right eye, and denied service connection for peripheral neuropathy of the upper extremities.

The Board has determined that there is no evidence of a relationship between the Veteran's diagnosed peripheral neuropathy and his military service or diabetes mellitus, type II. Therefore, the claims for service connection have been denied.

The Veteran's service-connected disabilities do not encompass any disability of the eyes or upper extremities, and his lower extremity conditions are not severe enough to qualify for specially adapted housing or a special home adaptation grant.

The Veteran's PTSD is rated at 50% and all other service-connected conditions are rated as requested. The Veteran was granted increased ratings for his PTSD, but the other claims were denied.

The Veteran's service treatment records do not show diabetes. He was stationed in Korea, but his unit did not operate near the area sprayed with herbicides. As a result, presumptive service connection based on Agent Orange exposure is denied. The Board finds no credible evidence of actual exposure to herbicides and thus cannot grant direct service connection for diabetes mellitus.