Peripheral neuropathy decisions — 2010

The Veteran's diabetic peripheral neuropathy of the right and left feet was rated at 10% prior to June 26, 2009, and at 20% thereafter. The appeal is denied as there is no basis for higher ratings.

The Board has reopened the Veteran's claims for service connection for diabetes mellitus type II, depression, diabetic retinopathy, and peripheral neuropathy of the lower and upper extremities as secondary to diabetes mellitus. The appeal is granted based on presumptive service connection due to herbicide exposure.

The Board denied the Veteran's claims for service connection for Type II diabetes mellitus and peripheral neuropathy of the upper and lower extremities, finding that there was no evidence to support a presumption of exposure to herbicides or direct service connection.

The Veteran's peripheral neuropathy of the upper extremities is found to be related to his presumed exposure to herbicide agents, specifically Agent Orange. Service connection for this condition is granted.

The Board has ordered that the case be remanded for clarification of a medical opinion regarding whether the Veteran's in-service eye trauma contributed to his current left eye disabilities.

The Veteran seeks an earlier effective date for the award of service connection and a 10 percent rating for left lower extremity peripheral neuropathy. The Board finds that the earliest date on which entitlement to such disability arose is February 22, 2005.

The Veteran's appeal is being held in abeyance due to the intertwining of his peripheral neuropathy claim with a back disability claim. The Board will consider both claims together.

The Board found that the Veteran's claimed peripheral neuropathy of the bilateral upper extremities and erectile dysfunction are not causally or etiologically related to his active duty service, nor may they be presumed to be incurred in or aggravated by such service. The Veteran's erectile dysfunction is linked to his service-connected diabetes mellitus, type II.

The Board has determined that the Veteran does not have a current diagnosis of peripheral neuropathy affecting his bilateral upper extremities, and thus denied his claim for service connection.

The Veteran withdrew his appeals regarding the initial rating for erectile dysfunction and increased ratings for peripheral neuropathy of the bilateral lower extremities before a decision was made by the Board.

The Veteran's initial compensable rating for his neurological disorder of the right knee was granted retroactively, but he remains seeking a higher rating for his right lateral femoral cutaneous nerve neuropathy. The Board has remanded to obtain additional medical opinions regarding the severity and nature of his neurological symptoms.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for peripheral neuropathy of the bilateral lower extremities, claimed as a result of VA treatment for HIV at the Durham VAMC between 1998 and 2001. The case has been remanded to obtain written consent forms from the period in question and to determine if the VA practitioner exercised proper standard of care.

The Board has granted service connection for PTSD, finding that the Veteran's reported stressor of being in a combat situation during his Vietnam service is supported by credible evidence. The Veteran also meets the criteria for a diagnosis of PTSD and there is a link between his current symptoms and this verified stressor.

The Board has determined that the Veteran's right distal ulnar neuropathy and residuals of fractures of the fourth and fifth metacarpals with arthritic changes do not warrant a rating higher than 10 percent.

The Board has granted the Veteran's application to reopen his claim for service connection for diabetes mellitus and has found new and material evidence. The remaining claims of service connection for peripheral neuropathy of the bilateral upper extremities, peripheral neuropathy of the bilateral lower extremities, and chronic lymphedema are addressed in the REMAND portion of this decision.

The Board has remanded the case for further development, including obtaining service personnel records and a VA opinion regarding the relationship between the Veteran's military service and his diagnosed conditions.

The Board found that the Veteran's bilateral leg condition, diagnosed as peripheral neuropathy, is not due to any incident or event in active military service and denied his claim for service connection.

The Veteran's service-connected disabilities combine to an 80% rating, but the Board finds that they do not preclude him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's claimed residuals of right hip injury, other than a scar, do not meet the criteria for service connection due to lack of credible evidence establishing a medical relationship between his in-service injury and any current arthritis or neuropathy.

The Veteran claims additional neurological disability of the lower extremities, including spinal nerve damage and neuropathy, is due to a VA TURP procedure in January 2005. The appeal will be remanded for further development.