Peripheral neuropathy decisions — 2010

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans' Law Judge.

The Veteran's TDIU claim was denied as he did not meet the schedular requirements for a TDIU prior to February 13, 2008 due to his service-connected disabilities. The effective date of the award is set at February 13, 2008.

The Veteran's neuropathic pain of the left leg is likely due to a peroneal nerve injury sustained during service. The VA will schedule an examination to determine if his CAD is related to his service-connected residuals of shell fragment wound.

The Board found that the RO's May 1, 2003 rating decision did not commit clear and unmistakable error in failing to adjudicate a claim for special monthly compensation under 38 U.S.C. § 1114(s)(1) by reason of being housebound. The Veteran did not meet the schedular criteria for this benefit based on his disability evaluations.

The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.

The Veteran's service connection claims for peripheral neuropathy and hepatitis A, B, and C due to herbicide exposure are denied as there is no competent evidence of current diagnoses or a link between the conditions and his military service.

The Board found that the Veteran's peripheral neuropathy is not etiologically related to his military service, including presumed exposure to herbicides in Vietnam. The claim for a low back condition was not on appeal.

The Veteran's PTSD with major depression and eating disorder meets the percentage requirements for a schedular award of a TDIU prior to June 8, 2006. However, since June 8, 2006, this disability has presented her from obtaining and retaining substantially gainful employment.

The Veteran has withdrawn his appeal for an initial rating higher than 40 percent for his low back disability, and the Board dismisses the appeal.

The Veteran's peripheral neuropathy of the upper extremities is currently rated at 10 percent, and the Board finds that his symptoms do not warrant a higher rating.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy as secondary to diabetes mellitus, and an initial compensable evaluation for hepatitis C are being remanded due to the need for additional medical opinions and examinations.

The Veteran's appeal involves claims for service connection and increased evaluations, including a finding of competency. The case is being remanded to obtain additional medical records, determine the nature and etiology of his lower back disability and peripheral neuropathy, and consider all relevant evidence.

The Board has remanded the case for additional development due to missing SSA records and other actions.

The Board finds that the Veteran's peripheral neuropathy of both lower extremities is service-connected, as it is reasonably shown to have had its onset during his military service. However, there is no evidence showing a current diagnosis or treatment for peripheral neuropathy of the upper extremities.

The Veteran's claim for specially adapted housing or a special home adaptation grant is granted due to his service-connected disabilities, including diabetic peripheral neuropathy of the left lower extremity which precludes locomotion without assistive devices.

The Veteran's appeal for service connection and increased ratings was denied. The Board found no current left ear hearing loss disability under VA regulations, thus denying the claim.

The Board has remanded the case for clarification of the nature of the Veteran's claim and for additional evidence to be obtained, including treatment records from private facilities. The Veteran is also scheduled for a VA peripheral nerves examination and a spine examination.

The Veteran's service-connected disabilities have been shown to render him unemployable, and the Board grants his claim for TDIU.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus and peripheral neuropathy of the lower extremities. The appeal was not about service connection at all due to lack of evidence.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for various conditions allegedly resulting from VA treatment for Hodgkin's disease beginning in January 2004.