Peripheral neuropathy decisions — 2009

The Veteran's claim for service connection for degenerative disc disease, L4-5, L5-S1 was denied. The claim for service connection for idiopathic thrombocarpin purpura with systemic lupus erythermatosus (claimed as thrombocarpin) was also denied due to lack of evidence linking the condition to service or herbicide exposure.

The Veteran's claims for increased evaluations of his service-connected diabetic polyneuropathy of the left and right lower extremities are being remanded due to the need for additional VA examinations, as well as potential referral for extraschedular evaluation.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of an automobile with adaptive equipment or for the purchase of adaptive equipment alone.

The Veteran is seeking service connection for various conditions, including erectile dysfunction, hypertension, a heart condition, and peripheral neuropathy of the bilateral upper and lower extremities, all secondary to his service-connected diabetes mellitus type II. The Board has determined that additional development is needed.

The Veteran's appeal is being remanded for further development and readjudication of all issues, including the issue of an initial evaluation in excess of 30 percent for service-connected PTSD.

The Veteran has withdrawn his appeals for increased ratings of PTSD and diabetes mellitus, expressing satisfaction with the current compensation levels.

The Veteran's claims for service connection for diabetes mellitus and a disability manifested by tingling/numbness in the right leg are denied as there is no current diagnosis of these conditions, and the evidence does not establish a nexus between any diagnosed condition and service.

The Board found that the Veteran's bilateral upper extremity peripheral neuropathy is not related to his service-connected diabetes mellitus and denied his claim for service connection.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the lobectomy performed in October 2004 was unnecessary and caused additional disability due to VA's failure to obtain informed consent.

The Veteran's claims for service connection for peripheral neuropathy, right great trochanteric bursitis, and gastroesophageal reflux disease are granted. The other issues remain pending.

The Veteran's claims are being remanded due to the loss of his VA file and incomplete medical records. He is seeking service connection for various conditions related to diabetes mellitus, type 2, including amputation, neuropathy, and a lumbar spine disability, all allegedly due to exposure to Agent Orange during service.

The Board has granted service connection for left lateral femoral cutaneous neuropathy, finding that the Veteran's current symptoms are related to a motor vehicle accident in service. The issue of entitlement to service connection for a left ankle disability is dismissed as the Veteran withdrew his appeal.

The Board has determined that the Veteran's claim for service connection for a right arm and shoulder disability, claimed as secondary to his left shoulder disability, cannot be reopened due to lack of new and material evidence. The claims for bilateral sensorineural hearing loss, tinnitus, peripheral neuropathy of the BUE, psychiatric disability, vision loss, hypertension, sexual dysfunction, and bilateral feet problems are all denied.

The Board has determined that the Veteran's bilateral leg peripheral neuropathy and bilateral hand arthritis and neuralgia are not directly related to his service, including as residuals of frostbite. The claims for service connection have been denied.

The Veteran is granted an increased evaluation of 10 percent for left wrist SFW residuals prior to October 24, 2002. Separate evaluations are assigned for ulnar nerve injury and muscle injuries in the left forearm and hand. The Veteran's claim for a higher evaluation for left wrist SFW residuals on or after October 24, 2002 is denied.

The Veteran's appeal is being remanded to obtain additional medical records and for further development.

The Veteran's peripheral neuropathy of both legs was not shown to have manifested within one year of his return from the Republic of Vietnam, and there is no evidence that it otherwise manifested during or as a result of service. As such, service connection for this condition cannot be granted.

The Veteran's appeal is being remanded due to the need for additional VA examinations and consideration of recent medical evidence. The TDIU claim will be reconsidered with new information about his service-connected disabilities.

The Veteran's service-connected intervertebral disc disease of the lumbosacral spine is currently rated at 40 percent, and he meets the schedular criteria for a TDIU based on his combined disability rating.