Peripheral neuropathy decisions — 2010

The Veteran's low back disability with bilateral polyneuropathy has been rated at 60 percent since July 6, 1999. The rating is maintained as the evidence does not meet criteria for a higher evaluation under other applicable diagnostic codes.

The Veteran's PTSD is service-connected. The initial evaluation for diabetes mellitus, type II with associated complications (nephropathy and peripheral neuropathy) remains at 20 percent.

The evidence does not establish a current diagnosis of peripheral neuropathy that is etiologically related to service, including exposure to herbicides. The Veteran's current condition is more likely due to chemotherapy treatment.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling VA examinations.

The Board denied the Veteran's claims for service connection for PTSD, lumbar intervertebral disc syndrome with sciatic neuropathy, and cervical joint and disc disease. The evidence did not establish a link between any of these conditions and his military service.

The Veteran's tinnitus is service-connected, and his ulcerative colitis and chronic peripheral neuropathy are presumed to be related to Agent Orange exposure. The fractured nose issue resulted in a compensable rating.

The Board has remanded the Veteran's claims for further development due to issues regarding service connection for various spinal and neurological conditions, as well as sleep apnea. The case will be returned to the RO via the AMC for this purpose.

The Veteran's appeal for an earlier effective date for TDIU was denied as he had not been found unemployable prior to December 1, 2004. The Veteran's claim for increased rating of chronic neck pain with radicular symptoms down the right arm is dismissed due to withdrawal.

The Veteran's service-connected disabilities have a combined rating of 90 percent, with at least one disability rated 40 percent or more. The Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's COPD, Heart Disease, Restless Leg Syndrome, and Bilateral Lower Extremity Neuropathy are all found to be related to service.

The Board denied service connection for neuropathy of the left upper extremity, as well as increased disability ratings for residuals of a shell fragment wound of the back and buttocks. The Veteran's claims were remanded multiple times but ultimately denied due to lack of evidence linking his current condition to his military service.

The Veteran's service-connected disabilities (PTSD, diabetes mellitus, and bilateral lower extremity peripheral neuropathy) are being remanded for further development to determine if they alone preclude him from engaging in substantially gainful employment.

The Veteran's claims for higher evaluations of his service-connected coronary artery disease, diabetes mellitus type II, and hypertension were denied. The claim for service connection for diabetic peripheral neuropathy of the bilateral upper extremities was also denied.

The Veteran's appeal has been dismissed due to his withdrawal of the claim regarding whether he is competent to handle disbursement of funds. The remaining claims for increased ratings have been remanded for further development.

The VA determined that the appellant's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's appeal was withdrawn, and his claims for service connection for stroke residuals; increased disability ratings for a renal disorder, diabetes mellitus, and hypertension; and TDIU are all granted.

The Veteran withdrew his appeal for the claims of hypertension and peripheral neuropathy before a decision was made by the Board.

The Veteran's claims for higher initial disability ratings for low back strain, hepatitis, bilateral tinea pedis with ingrown toenails, polyneuropathy of the right upper extremity, and polyneuropathy of the left upper extremity have been denied. The RO assigned a 20 percent rating for low back strain effective September 8, 2003, under DC 5292 (prior to September 26, 2003).

The Veteran's appeal is remanded due to the need for proper VCAA notice and because of the inextricably intertwined nature of his claims for service connection for diabetes mellitus and peripheral neuropathy.

The Board denied the Veteran's claims for service connection for hypertension and peripheral neuropathy of the bilateral lower extremities as secondary to his service-connected diabetes mellitus, finding that there was no evidence linking these conditions to his active military service or to his service-connected diabetes.