Peripheral neuropathy decisions — 2010

The Board found that the Veteran's diabetes mellitus, diabetic retinopathy, and peripheral neuropathy of the upper extremities were not incurred in or aggravated by his military service.

The Veteran's bilateral hearing loss disability was not incurred in service and is not related to his active duty. The lung condition, diagnosed as COPD, did not manifest during service or within one year of separation from service.,There is no evidence linking the Veteran's current lung condition (COPD) to his military service, including exposure to herbicides. The neuropathy of the left upper extremity was not present in service and has not been linked to service.,The Veteran's claimed neuropathy of the left upper extremity did not manifest during service or within one year after separation from service.

The Veteran's appeal for an earlier effective date for SMC due to loss of use of the right leg is denied. The issue of service connection for neuropathy of the upper extremities was dismissed as the appellant withdrew it.

The appeal has been withdrawn by the appellant's representative before a decision was made.

The Veteran's claims for service connection and higher initial ratings were denied. The heart disorder claim was denied as there is no evidence of a current disability. The diabetes mellitus claim resulted in a 10% rating, which is the maximum allowed under the criteria. The left and right lower extremity neuropathy claims were granted with each receiving a 20% rating.

The Veteran's claims for service connection for PTSD, peripheral neuropathy of the upper extremities, bladder control problem, and bowel incontinence are denied. The Veteran is granted service connection for kidney disorder as a complication of his service-connected type 2 diabetes mellitus with renal insufficiency. Service connection for erectile dysfunction is granted with an initial noncompensable disability rating.

The Veteran's claim for an effective date prior to August 14, 2007 for the grant of a total disability rating based on individual unemployability (TDIU) was granted. The effective date is set at November 1, 2005.

The Board has determined that the Veteran's diabetes mellitus, type 2, diabetic neuropathy of the lower extremities, and hypertension were not incurred in active service or as a result of service-connected disability. These conditions are presumed to be related to exposure to herbicides, but there is no evidence showing such exposure.

The Board has granted service connection for L5-S1 disc space narrowing and spondylolisthesis of the lumbar spine, finding that it was aggravated by the Veteran's in-service back injury. The other issues remain unresolved.

The Veteran's claims for service connection are being remanded due to the need to obtain additional information and possibly further development of his Social Security Administration (SSA) records, as well as details about his temporary duty assignment in Vietnam.

The Board has determined that the Veteran's bilateral upper and lower extremity peripheral neuropathy is related to his service, specifically his exposure to cold temperatures in Korea. The arthritis claim was denied as there is no evidence of a current disability or causal relationship with service.

The Veteran's right and left upper extremity peripheral neuropathy are currently rated as 20 percent disabling each, effective March 13, 2002. The Veteran contends that his symptoms have worsened.,The Veteran's right and left lower extremity peripheral neuropathy are currently rated as 10 percent disabling each, effective March 13, 2002. The Veteran contends that his symptoms in the lower extremities are at least equal to those in the upper extremities.

The Veteran's claims for increased ratings for lumbar strain, left ankle fracture, and left axonal sensory neuropathy were denied as the evidence did not meet the criteria for a higher evaluation.

The Board has remanded the case due to uncertainty regarding the appellant's exposure to chemical dioxins during service, and requests additional information from the service department. The VA is also asked to obtain Social Security Administration records and arrange for a medical examination if necessary.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and scheduling VA examinations to assess the severity of his service-connected conditions.

The Board has granted service connection for depression as secondary to the Veteran's service-connected post-operative lumbar laminectomy and denied reopening of his claim for hypertension. The Veteran also has peripheral neuropathy of the feet, which is not service connected.

The Veteran's bilateral peripheral neuropathy of the upper extremities was not incurred in or aggravated by active service and may not be presumed to have been so incurred, including as a result of exposure to herbicides.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before the Board.

The Veteran's service-connected residuals of cold injury to the bilateral lower extremities are currently evaluated at 30 percent. The Board has determined that a higher evaluation is not warranted as there is no evidence of additional disability beyond what is already reflected in the current rating.

The Veteran's claim for service connection for a neurological disability, including peripheral neuropathy, is being remanded due to the need for additional medical development regarding the etiology of his condition.