Peripheral neuropathy decisions — 2010

The Board has dismissed the appeal of entitlement to an increased rating for bilateral hearing loss. The claims of service connection for skin disorder, neck disorder, diabetes mellitus Type II, bladder cancer, acquired psychiatric disorder (PTSD and depression), stomach disorder, bilateral leg disorder, and feet disorder have all been denied as there is no current evidence of a chronic condition in each case.

The Board denied the Veteran's claims for service connection for lower back pain, bilateral flat feet, and peripheral neuropathy of both lower extremities based on a lack of new and material evidence.

The Veteran withdrew his appeal regarding the increased rating for diabetes mellitus, type II, with associated bilateral lower extremity peripheral neuropathy resulting in right third digit amputation.

The Board denied the Veteran's claims for higher initial ratings for his service-connected low back disability and scars, residuals of inguinal hernias. The Veteran's low back condition was found to be manifested by limitation of motion with forward flexion limited to 45 degrees but not less than 30 degrees or more than 60 degrees, without ankylosis. His right peroneal nerve disorder resulted in sensory loss equivalent to mild, incomplete paralysis. The scars did not result in any functional impairment and were not tender or ulcerated.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and evaluations.

The Board found that the severance of service connection for peripheral neuropathy was improper due to the Veteran's competent reports of numbness and tingling in his lower extremities, which were consistent with a diagnosis of mild peripheral neuropathy. Service connection for tinnitus is denied as there is no evidence linking it to service.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his PTSD and left upper extremity peripheral neuropathy, as well as an opinion on whether his service-connected disabilities combine to make him unemployable.

The Veteran's cervical spine disorder is not service-connected and was not caused by his service-connected bilateral claw feet. The non-healing neuropathic plantar ulcer, right first toe, status post partial amputation, is service-connected as secondary to the service-connected bilateral claw feet. Bilateral ankle instability is also service-connected as secondary to the service-connected bilateral claw feet.

The Veteran's service-connected diabetes mellitus with neuropathy and retinopathy warrants a 100 percent rating as of December 24, 2002.

The Board denied the Veteran's claims for service connection for peripheral vascular disease, coronary artery disease, erectile dysfunction, peripheral neuropathy, and diabetic nephropathy. The claim for a higher initial rating in excess of 10 percent for muscle contraction headaches was granted.

The Veteran's service-connected disabilities have effectively precluded locomotion without the aid of a cane or motorized wheelchair, meeting the criteria for specially adapted housing assistance.

The Board denied service connection for a back disorder, heart disorder, and peripheral neuropathy of the upper extremities. The Veteran's current back condition is not due to or related to in-service disease or injury.

The Veteran's appeal is being remanded for further development to determine his eligibility for specially adapted housing or special home adaptation grant and automobile and adaptive equipment.

The Veteran's claims for increased disability ratings and service connection were denied. The appellant did not meet the income requirements for nonservice-connected death pension, and her accrued benefits claims were also denied due to exceeding the maximum annual pension rate.

The Veteran's heart disease is not service connected, and his peripheral neuropathy ratings are upheld at 10% each for both legs.

The Veteran's bilateral upper and lower extremity peripheral neuropathy is found to be proximately due to or the result of his service-connected diabetes mellitus. The Board grants service connection for this condition.

The Veteran's degenerative joint disease of the right hip was not productive of flexion limited to 30 degrees from May 26, 2003 to July 26, 2007. Since July 27, 2007, his condition has not met the criteria for a higher evaluation.,For the period prior to July 27, 2007, the Veteran's right leg parasthesias due to right lateral femoral cutaneous and sensory neuropathy was rated at 10 percent. Since then, he is evaluated at 20 percent.

The Veteran's claims for service connection for peripheral neuropathy of the right and left upper extremities, a right foot condition, and certain other conditions were denied. The Veteran's claim for an increased rating for patellofemoral syndrome with degenerative arthritis was granted.

The Board has determined that the Veteran's claimed tremors and bilateral peripheral neuropathy of the upper and lower extremities are not related to his active service, including as due to herbicide exposure. The preponderance of evidence is against these claims.

The Veteran's service-connected disabilities do not meet the criteria for certification of automobile and adaptive equipment or adaptive equipment only.