Peripheral neuropathy decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records.

The Veteran's left wrist disability and associated peripheral neuropathy have been granted, with a 10% rating effective from August 31, 2007.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted due to inadequate VA medical treatment resulting in the rupture of his abdominal aortic aneurysm, leading to additional disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for hypertension, to include as secondary to diabetes mellitus, and peripheral neuropathy, to include as secondary to diabetes mellitus. However, the preponderance of the evidence is against finding a current skin disorder related to service or exposure to chemicals in Vietnam.

The Board has determined that the Veteran's hypertension is service-connected, but his peripheral neuropathy is not.

The Board denied the Veteran's claim for service connection for a neurologic disability of the left foot other than peripheral neuropathy, characterized by left foot drop, finding that his foot drop was not related to his diabetes or any other service-connected condition.

The Board dismissed the appeal of peripheral neuropathy due to withdrawal by the Veteran. The skin disorder claim is granted as chloracne with scarring, presumed due to Agent Orange exposure. The erectile dysfunction claim is denied as new and material evidence was not submitted. SMC for loss of use of a creative organ is denied.

The Board found that the Veteran's right hip arthritis and right leg neuropathy were not incurred in or aggravated by service, nor could they be presumed to have been incurred due to exposure to any presumptive conditions. The claims for service connection were therefore denied.

The Board denied the Veteran's claims for service connection for urinary incontinence, peripheral neuropathy of the right and left lower extremities, tinnitus, right ear hearing loss, and left ear hearing loss. The Board found no evidence of a current disability for VA purposes.

The Veteran's emergency medical treatment at Hardin County General Hospital on November 30, 2004 was deemed emergent and covered by VA due to the lack of availability of a suitable VA facility in his area.

The Veteran's appeal for TDIU rating is being remanded due to the need to obtain SSA records and conduct a VA examination.

The Veteran's appeal is remanded to obtain updated findings related to his degenerative arthritis of the lumbar spine and bilateral lower extremity neuropathy, including VA treatment records and a contemporaneous VA examination. The RO must consider whether separate compensable ratings are warranted under Diagnostic Codes 5242 (for back disability) and 8520 (for right and left-sided radiculopathy or neuropathy).

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran meets the schedular percentage threshold criteria for a TDIU due to his service-connected disabilities, and is unemployable solely due to these conditions.

The Board has determined that the Veteran's hypertension and peripheral neuropathy are not shown to be due to herbicide exposure, nor were they diagnosed in service or within one year after separation from active duty. Therefore, service connection for these conditions is denied.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities prior to September 26, 2008 is being remanded for additional development.

The Veteran's claims for increased evaluations for peripheral neuropathy of the left and right lower extremities were denied as there is no evidence that his symptoms meet or approximate the criteria for a higher evaluation.

The Board has denied the Veteran's claims for service connection for PTSD, right ear hearing loss, left ear hearing loss, tinnitus, a back disability, and right leg peripheral neuropathy. The VA examiner found that the Veteran did not meet the criteria for a diagnosis of PTSD or any other psychiatric disability.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for diabetes mellitus. The claims for upper extremity and lower extremity peripheral neuropathy, as well as visual impairment, have all been denied due to lack of a nexus between these conditions and active service.

The Veteran's claims for initial higher ratings for peripheral neuropathy of the lower extremities are denied. The Board found that the evidence did not meet the criteria for a rating higher than 10 percent before November 17, 2008, and an initial rating higher than 20 percent from November 17, 2008.