Peripheral neuropathy decisions — 2010

The Veteran claims compensation under 38 U.S.C.A. § 1151 for polyneuropathy of the left foot as a residual of VA treatment, including surgery in September 2004. The Board has determined that further development is required to determine if this disability was caused by negligence or fault on the part of VA.

The Veteran's peripheral neuropathy of the bilateral lower extremities is proximately caused by his service-connected DM, Type II. Service connection for a low back disorder and increased evaluations for hammer toes are granted.

The Board denied service connection for bilateral hearing loss, PTSD, and peripheral neuropathy of the extremities. The Veteran's claim for an increased rating for laryngeal residuals was also denied.

The Veteran's service-connected disabilities do not meet the criteria for VA financial assistance for the purchase of one automobile and adaptive equipment or for adaptive equipment only, nor does he qualify for specially adapted housing due to his inability to perform essential activities of daily living without significant assistive devices.

The Veteran's current chronic venous insufficiency with stasis dermatitis and sensorimotor lower extremity polyneuropathy are not shown to be due to his military service, or caused or aggravated by his service-connected disabilities.

The Board has reopened the claim for service connection for a back disorder due to new and material evidence. However, it is not established that the Veteran's current back disorder or peripheral neuropathy of the bilateral lower extremities are related to his military service.

The Board found that the Veteran's current neurological disorder, including peripheral neuropathy and chronic polyneuropathy, was not present in service or related to his service. The claim for service connection was denied.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for an initial rating higher than 20 percent for diabetes mellitus prior to July 29, 2009, or a rating higher than 40 percent since then. Service connection was also denied for PVD, CAD, and peripheral neuropathy of both lower extremities.

The Board has determined that the Veteran's polyneuropathy is related to his exposure to Agent Orange during service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities, including sleep apnea syndrome and diabetes mellitus, have rendered him unable to secure or retain substantially gainful employment. However, the evidence does not indicate that his service-connected disabilities alone are sufficient to prevent him from obtaining such employment.

The Veteran's TDIU claim is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the impact of his service-connected disabilities on his ability to work.

The Veteran's claims of service connection for GERD, bilateral hearing loss, and peripheral neuropathy of the extremities are being remanded due to the need for further development. The Board will determine whether these conditions are related to his military service.

The VA determined that the Veteran's peripheral neuropathy of the hands and feet is not related to his service, including presumed herbicide exposure. The Board found no evidence supporting a connection between the condition and service.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities, including as a result of exposure to Agent Orange in Vietnam, is denied. The Board notes that he has not been diagnosed with acute or subacute peripheral neuropathy and there is no objective clinical indication of peripheral neuropathy within one year after his military service ended.

The Veteran's claims for bilateral hearing loss, headaches (cluster), and peripheral neuropathy were denied as they are not service-connected based on direct evidence or presumptive exposure to herbicide agents. The Board found that the Veteran did not have a current disability of these conditions and there was no credible evidence linking them to his military service.

The Board has remanded the case for further proceedings due to inadequate examination and new claims related to secondary service connection.

The Veteran's diabetes mellitus, type II, with diabetic retinopathy and peripheral neuropathy of the bilateral lower extremities was evaluated as 20 percent disabling prior to November 11, 2009. Since then, he has been rated at 40 percent for diabetes mellitus effective from that date.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, degenerative joint disease of the ankles, peripheral neuropathy, osteoarthritis of the shoulders, and hypertension, render him unable to secure or follow a substantially gainful occupation.

The Veteran is unable to maintain substantially gainful employment as a result of symptoms of his service-connected disabilities, and the Board finds that TDIU is warranted.

The Board denied the Veteran's claims for service connection for peripheral neuropathy, infection of capillaries, infection of blood vessels, ulcers, and polyps due to exposure to ionizing radiation during Operation REDWING. The conditions are not considered radiogenic diseases.