Peripheral neuropathy decisions — 2010

The Veteran's peripheral neuropathy of the lower extremities is not considered service-connected due to lack of evidence linking it to his military service or herbicide exposure.

The Veteran's claims for compensation and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or effective dates.

The Board has remanded the case due to the Veteran's failure to report for a Travel Board hearing scheduled in December 2009. The Veteran is now requesting a new hearing at the RO nearest his residence in Washington State.

The Veteran's diabetes mellitus type II has been rated based on the need for insulin treatment and dietary restrictions.,The Veteran's hypertension is currently rated at 10 percent prior to April 14, 2008, and 30 percent from April 14, 2008.,The Veteran's peripheral neuropathy of the right upper extremity has been rated based on mild symptoms such as diminished sensation and reflexes.,The Veteran's peripheral neuropathy of the left upper extremity has been rated based on moderate symptoms such as pain and numbness prior to April 14, 2008, and moderately severe symptoms interfering with his ability to walk from that date forward.,The Veteran's peripheral neuropathy of the right lower extremity has been rated based on moderate symptoms such as pain and numbness prior to April 14, 2008, and moderately severe symptoms interfering with his ability to walk from that date forward.,The Veteran's peripheral neuropathy of the left lower extremity has been rated based on moderate symptoms such as pain and numbness prior to April 14, 2008, and moderately severe symptoms interfering with his ability to walk from that date forward.,The Veteran's erectile dysfunction is currently rated at a non-compensable level (null rating).,The Veteran's diabetic retinopathy has been rated based on visual acuity levels prior to April 14, 2008, and the severity of his vision impairment from that date forward.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of his right upper and left lower extremities as secondary to his service-connected diabetes mellitus. The Board found that there was no current diagnosis of diabetic peripheral neuropathy in these areas, and the VA examiners' opinions were not consistent with the Veteran's assertions.

The Veteran's death was not caused by his service-connected conditions, and the Board finds no evidence to support a presumption of exposure to Agent Orange. The claim for service connection for cause of death is denied.

The Veteran's claims are being remanded for further development, including obtaining his service personnel records and scheduling him for VA examinations to assess the nature, extent, onset, and etiology of his claimed conditions. The claims will also be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 for Persian Gulf War service.

The Veteran's claim for service connection for residuals of a cold weather injury to the bilateral lower legs is being remanded due to insufficient evidence and need for further examination. The issue of his current blood problem related to exposure to ionizing radiation while on active duty is also referred back to the RO.

The Board has not decided the service connection claims, but has determined that new and material evidence has been submitted to reopen several previously denied claims for skin rash, muscle spasms, joint pain, left side neuropathy, and stomach condition.

The Board found that the Veteran's neuropathy of cutaneous branch of the bilateral obturator nerves did not occur due to carelessness, negligence, or lack of proper skill on the part of VA medical providers. The event was reasonably foreseeable as it is a recognized potential adverse outcome for an aortobifemoral bypass procedure.

The Veteran's appeal is being remanded for further development, including obtaining treatment records and scheduling VA examinations to assess his low back disability and left upper extremity neuropathy.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing or for a grant for necessary special home adaptations was denied as he does not meet the criteria for such eligibility due to his service-connected disabilities.

The Veteran's appeal is being remanded to obtain his service personnel records and verify if he was exposed to herbicide around his base camp in Thailand. The VA will also provide the Veteran with a VA examination to determine if his type 2 diabetes mellitus and peripheral neuropathy of the feet were caused by his military service, including his confirmed exposure to herbicides.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of the bilateral upper and lower extremities, as well as his claim for bilateral carpal tunnel syndrome, all related to exposure to herbicides. The evidence did not support a finding that these conditions were caused by Agent Orange exposure.

The Board has granted service connection for a back condition, finding that the Veteran's current lumbar spine osteoarthritis and sensory neuropathy of the hypoglossal branch of the left side of his tongue are related to his active duty service.,Service connection was also granted for a dental condition with nerve damage to the tongue. The Board found that this condition is at least as likely as not related to the Veteran's in-service dental surgery.

The Veteran's claim for a powered mobility device, such as a powered wheelchair or scooter, is being remanded due to the need for additional medical records and an examination.

The Board has determined that service connection is granted for neuropathy as a residual of cold injury to the feet, but not for arterial occlusive disease.

The Veteran's claim for a TDIU is being remanded due to the need for additional evidence and an examination.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral upper extremities secondary to his service-connected diabetes mellitus type II is being remanded. Additionally, the issue regarding whether he is competent to manage his VA funds is also being remanded.

The Veteran's initial ratings for diabetes mellitus, peripheral neuropathy of the lower extremities, and chronic kidney disease have been granted. The Veteran is currently receiving a 40 percent rating for diabetes mellitus.