Peripheral neuropathy decisions — 2010

The Veteran's claim for a TDIU is being remanded due to the need for additional medical examination and consideration of all relevant evidence.

The Veteran's service-connected disabilities, including coronary artery disease, diabetes mellitus with cataracts and erectile dysfunction, peripheral neuropathy of the upper and lower extremities, and scars, render him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for an effective date prior to October 20, 2004, for the award of a total disability rating due to individual unemployability (TDIU) was denied as it is not factually ascertainable that he was unable to secure or maintain substantially gainful employment due to service-connected disabilities before this date.

The Board denied service connection for peripheral neuropathy of both legs and denied increased ratings for bilateral hearing loss and right ankle fracture. The Veteran's claims were reopened on new evidence, but the service connection claim was ultimately denied.

The Veteran's claim for an increased rating for diabetes mellitus with complications was denied. A separate 10% rating is granted for the Veteran's peripheral neuropathy of the upper extremities.

The Board found that the Veteran's other than honorable discharge from active service for his period of October 13, 1970 to March 23, 1976 is a bar to VA benefits based on that period. The claims for increased ratings and TDIU were denied.

The Veteran's claims for increased ratings were denied, and the reduction in evaluation from 40 to 20 percent was upheld. The Board found insufficient evidence to address the issues of an earlier effective date or a higher rating prior to January 22, 2007.

The Board has denied the Veteran's claims for service connection for various conditions, including coronary artery disease, obesity, diabetes mellitus, hypertension, congestive heart failure, lung disability, eye disability, peripheral neuropathy, lymphedema, erectile dysfunction, and sleep apnea. The evidence does not support a current diagnosis of any of these conditions.

The Board found that the Veteran does not have a bilateral foot condition (other than onychomycosis), to include peripheral neuropathy of the lower extremities and vascular disease of the left lower extremity, and denied service connection for these conditions.

The Board has remanded the case due to new evidence and a need for further examination.

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The AOJ will obtain any outstanding VA treatment records, notify the Veteran of his duty to submit relevant evidence, and schedule him for a VA examination if necessary.

The Veteran's DM2 is currently rated at 20 percent, effective March 21, 2006. The claim for an earlier effective date for the award of service connection for DM2 was denied. The claims to reopen and establish service connection for peripheral neuropathy of the upper and lower extremities were granted as secondary to DM2.

The Veteran's claim is being remanded for further evaluation and consideration due to the need for a VA examination.

The Board found that the Veteran's diabetes mellitus, peripheral neuropathy, and erectile dysfunction were not incurred or aggravated by service. The evidence did not establish a connection to service or a service-connected disability.

The Board has determined that the Veteran's claimed disabilities are not related to his military service, including exposure to Agent Orange. Service connection is denied for all conditions.

The Veteran's right upper extremity diabetic neuropathy was found to be at least as likely as not due to his diabetes, but did not meet the criteria for a compensable rating.

The Veteran's service-connected disabilities, including PTSD, DMII with erectile dysfunction and bilateral lower extremity neuropathy, render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's hypertension is related to his military service and granted service connection for this condition. The Board also found that diabetes mellitus, which was presumed due to herbicide exposure in Vietnam, may be secondary to CAD, peripheral neuropathy of the upper and lower extremities, erectile dysfunction, and retinopathy.

The Veteran's service-connected peripheral neuropathy of the lower extremities has not resulted in more than mild incomplete paralysis, thus his claims for increased ratings are denied.

The Board has determined that the Veteran's death was not caused by any service-connected condition, and thus denied the Appellant's claim for DIC benefits. The case is now remanded to obtain a medical opinion regarding whether the Veteran's PTSD contributed to his death.