Peripheral neuropathy decisions — 2010

The Veteran's service-connected disabilities have rendered him unable to care for his daily personal needs and protect himself from the hazards of daily living without regular aid and attendance, warranting special monthly compensation based on the need for regular aid and attendance of another person.

The Veteran's service-connected peripheral neuropathy of the upper and lower extremities did not meet or approximate criteria for a compensable evaluation, except for mild symptoms in some cases. The Board denied all claims as there was no evidence showing that the Veteran's conditions were related to his diabetes prior to July 30, 2009.

The Veteran withdrew the claim of entitlement to a rating in excess of 20 percent for diabetes mellitus. The remaining issues of increased ratings for peripheral neuropathy and diabetic nephropathy with aggravated essential hypertension are addressed in the remand section.

The Board is remanding the claims for higher ratings for dermatitis, diabetic neuropathy of the lower extremities, and erectile dysfunction (ED), as well as for a TDIU to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.

The Board has determined that the Veteran's chronic peripheral neuropathy of the upper and lower extremities was incurred during active service.

The Board has granted a 60 percent rating for the Veteran's diabetic neuropathy of the right lower extremity, effective from the date of the decision.

The Veteran's service-connected disabilities have been rated based on their manifestations due to his diabetes mellitus. The initial ratings for hypertension, peripheral neuropathy of the upper and lower extremities, diabetic retinopathy, and chronic kidney disease are all granted.

The Board found no evidence linking the Veteran's current idiopathic peripheral neuropathy to his military service, including any exposure to carbon tetrachloride. The claim for service connection was denied.

The Veteran is granted entitlement to payment or reimbursement for services performed in May 2007 on the air conditioning system of his 2000 Chevrolet Impala, as these services were deemed necessary due to a leak and required repair.

The Veteran's peripheral neuropathy of the upper extremities is currently rated at 20 percent, which reflects mild symptoms such as numbness and tingling. The evidence does not support a higher rating.

The Board has determined that the Veteran's hearing loss and tinnitus are related to his active duty service, but has not reached a decision on the right ulnar neuropathy claim due to lack of evidence.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's claims for increased evaluations for cervical diskectomy and fusion with stenosis, currently rated at 30 percent disabling, and residuals of sensory neuropathy of the left lower extremity, currently rated at 20 percent disabling, were denied. The current ratings are considered appropriate based on the clinical findings.

The Board has vacated its January 2008 decision and the issue of an effective date prior to July 11, 2005 for service connection for peripheral neuropathy of the bilateral lower extremities (feet) and peripheral neuritis of the bilateral hands remains in appellate status. The increased evaluation issue for hepatitis C with history of infectious hepatitis is also pending.

The Board found that the Veteran does not have peripheral neuropathy in his upper extremities and denied service connection for this condition as it is not related to service or secondary to his service-connected diabetes.

The Veteran does not have peripheral neuropathy of the upper extremities, and his lower extremity symptoms first manifested many years after service and are not related to his active service.

The Veteran's claim for an increased rating for his service-connected spondylolisthesis at L4-L5 is being remanded due to the need for additional development, including obtaining VA outpatient treatment records and scheduling a new examination.

The Veteran's left ear hearing loss is not attributable to military service.

The Veteran's spouse is not considered to be in need of regular aid and attendance based on the criteria set forth in 38 C.F.R. § 3.352(a).

The Board found that the Veteran's diabetes mellitus did not require insulin or regulation of activities due to the condition, and thus denied a rating in excess of 20 percent for this period.