Peripheral neuropathy decisions — 2009

The Board denied service connection for hearing loss, tinnitus, and peripheral neuropathy as the preponderance of evidence was against these claims. The veteran's PTSD rating was also denied as it did not meet the criteria for a higher initial rating.

The Board denied service connection for peripheral neuropathy of the hands and feet as there is no competent medical evidence showing a link between the condition and the Veteran's active service, specifically the pilonidal cystectomy.

The Board granted service connection for hypertension, bilateral lower extremity peripheral neuropathy and erectile dysfunction, finding that the evidence supports a relationship between these conditions and the veteran's service-connected diabetes mellitus type 2.

The veteran's low back disability warrants a separate rating of 20 percent for neurological impairment in the right lower extremity. Otherwise, the veteran's low back disability does not warrant more than a 40 percent rating for functional impairment of the spine and separate ratings for left and right sciatic neuropathy.

The veteran's claims for increased ratings and earlier effective dates were denied, as the evidence did not support higher ratings or earlier effective dates.

The veteran's service-connected neuropathy of the left spinal accessory nerve is rated at 30 percent, and an increased rating was denied.

The veteran withdrew the appeal before a decision was made.

The Veteran's service-connected GSW residuals to the left foot more nearly approximate a severe foot injury, and his PTSD has resulted in total occupational and social impairment since September 17, 2007.

The Board denied service connection for coronary artery disease as secondary to restrictive lung disease, but the issues of left upper extremity and bilateral lower extremity neuropathy due to Agent Orange exposure were remanded.

The veteran's claim for service connection for a bilateral leg disorder, claimed as bilateral peripheral neuropathy secondary to service-connected diabetes mellitus, is being remanded for further development.

The veteran's claims for higher initial ratings were denied as the evidence did not support a finding of entitlement to increased evaluations.

The veteran's claim for an increased rating for his service-connected diabetes mellitus with neuropathy and retinopathy was remanded to schedule a new VA examination.

The appeal for service connection for post-traumatic stress disorder, high blood pressure and numbness and tingling in the hands and feet was remanded to the Agency of Original Jurisdiction (AOJ) for further development.

The Board granted service connection for hypertension as secondary to the veteran's service-connected diabetes mellitus, but denied service connection for varicose veins and peripheral neuropathy of the bilateral upper extremities.

The veteran's peripheral neuropathy of the right and left lower extremities are each rated at 20 percent, and higher ratings were not warranted based on the evidence.

The veteran did not meet the requirements for TDIU under the provisions of 38 C.F.R. § 4.16(a) until July 13, 2004, and as such, an earlier effective date is denied; however, the claim should be referred to the Director, Compensation and Pension Service for extraschedular consideration.

The Board found that the preponderance of evidence was against the veteran's claim for service connection for diabetes mellitus, type II, with complications of peripheral neuropathy as it was not shown to be related to his active service.

The veteran's service-connected PTSD has been granted a 100 percent disability rating, which resolves the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board remands the issues of entitlement to higher evaluations for PTSD, avitaminosis, and peripheral neuropathy of the lower extremities for further development.

The Board granted service connection for multiple sclerosis on a presumptive basis, but denied service connection for CAD, diabetic retinopathy, and lower extremity edema with peripheral neuropathy.