Peripheral neuropathy decisions — 2010

The Board has remanded the case for further development due to incomplete records and potential Agent Orange exposure.

The Veteran's initial ratings for peripheral neuropathy of the bilateral lower extremities have been granted at 20 percent effective June 29, 2004. The issues of service connection for a sleep disability and prostate disability are pending.

The Board has determined that the Veteran's emphysema is secondary to his service-connected COPD and nicotine dependence, but not his pulmonary fibrosis. Service connection for diabetes mellitus is granted as secondary to his service-connected COPD and nicotine dependence.,Service connection for bilateral peripheral neuropathy cannot be established as it is related to the Veteran's service-connected diabetes mellitus.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, a bilateral shoulder disability, neuropathy of the upper extremities, and peripheral neuropathy of the lower extremities. The decision also addressed his claim for increased ratings for his service-connected degenerative changes of the lumbar spine and cervical spine arthritis, as well as his TDIU request.

The Board denied service connection for sensory neuropathy of the right lower extremity due to a ganglion cyst, including as secondary to service-connected osteochondritis dissecans (right OCD) of the right medial femoral condyle. Separate compensable evaluations were also denied for Morton's neuroma and pseudoarthritis of the right great toe.

The Board found that the Veteran's neuropathy was not caused by or aggravated by his service-connected knee disorder and the medication prescribed for it. Therefore, the claim for secondary service connection is denied.

The Board granted service connection for peripheral neuropathy of the lower extremities in September 2009, resulting in a successful resolution of the issue on appeal and payment of past-due benefits.

The Veteran's TDIU claim is being remanded for additional development, including an examination to assess his ability to secure and follow a substantially gainful occupation given his service-connected disabilities. The peripheral neuropathy of the left and right lower extremities and diabetes mellitus type 2 matters are not in appellate status.

The Veteran's diabetes mellitus type II is presumed to have been incurred in service due to exposure to Agent Orange. The Board also granted service connection for hypertension as a result of the presumptive Agent Orange exposure, but denied service connection for erectile dysfunction and peripheral neuropathy.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy and erectile dysfunction as due to his service-connected diabetes mellitus, and for an increased rating for PTSD.

The Veteran is seeking service connection for peripheral neuropathy of the upper extremities, which he claims is secondary to his service-connected diabetes mellitus. The Board has determined that a remand is necessary to obtain treatment records and to schedule the Veteran for an examination to determine if his peripheral neuropathy was aggravated by his diabetes mellitus.

The Board found that new and material evidence had been presented to reopen the Veteran's claim for service connection for peripheral neuropathy, both lower extremities. The claim was granted based on the presence of current disability (peripheral neuropathy) and a demonstration of continuity of symptomatology since service.

The Board has reopened the Veteran's claims for service connection for left knee arthritis and left leg/foot neuropathy, as new and material evidence has been submitted. The claim for left leg/foot neuropathy remains not reopened.

The Veteran's polyneuropathy of the right upper and lower extremities is currently rated as 20 percent for each, with no higher ratings being granted due to the severity of his symptoms not warranting a higher rating under VA's schedular criteria.

The Veteran's claims for service connection for COPD, prostate disorder, diabetes, hypertension, peripheral neuropathy, and stroke have been denied. The Board finds that the evidence does not support a grant of service connection for these conditions.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational background, thus meeting the criteria for a TDIU.

The Board has denied the appellant's claims for service connection for various disabilities, including bilateral hearing loss, tinea pedis, and plantar fasciitis. The initial compensable evaluations for recurrent lipomas, multiple lipoma excision scars on the left flank and right elbow, and a left flank scar have also been denied. The Board has not addressed the claims for cervical spine, lumbar spine, right elbow, right ankle, right shoulder, lower jaw, right foot sural neuropathy, or left foot sural neuropathy as they are considered part of the initial grant of service connection.

The Veteran's claim for service connection for peripheral neuropathy, which was previously denied due to lack of evidence linking the condition to his time in Vietnam, has been reopened and granted. The new evidence includes testimony from the Veteran and his family members about symptoms experienced during service and after separation, as well as a letter from his doctor indicating that the Veteran's current condition is likely related to herbicide exposure while serving in Vietnam.

The Veteran's claim for an increased rating for his service-connected diabetes mellitus and associated peripheral neuropathy is being remanded due to the need for additional medical examinations and consideration of new evidence. The Board also notes that a separate compensable rating may be warranted for erectile dysfunction as a complication of his diabetes.

The Board has granted service connection for peripheral neuropathy of the left and right upper extremities as secondary to service-connected diabetes mellitus.