Peripheral neuropathy decisions — 2011

The Board has determined that the Veteran's bilateral upper and lower extremity peripheral neuropathy is not related to his military service, including exposure to herbicides or other environmental factors. The claims for these conditions are therefore denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence linking the claimed conditions to service or a service-connected disability.

The Veteran's right and left lower extremity diabetic neuropathy are currently rated at 20 percent each, effective February 28, 2002. The Veteran's diabetic retinopathy is currently rated at 10 percent, effective April 12, 2004.

The Veteran's claims for service connection of bilateral hearing loss, tinnitus, and peripheral neuropathy of the left lower extremity were denied as there is no current diagnosis or evidence of a disability in service.

The Veteran's initial or staged rating for diabetes mellitus is denied as the evidence does not support a finding that his condition requires regulation of activities, hospitalizations, or other significant impairment beyond what is contemplated by the current 20 percent rating.

The Board has requested the Veteran's opinion on whether additional evidence should be reviewed by the AOJ or if he wants to proceed with a new SSOC. The case is being returned for further action.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining deck logs and VA treatment records.

The Veteran's service connection claims for hypertension, peripheral neuropathy of the right and left lower extremities, anxiety disorder (PTSD), and peripheral polyneuropathy of the upper extremities have been granted. Effective dates have also been established.

The Board found that the Veteran's current right elbow tendonitis was not incurred in or aggravated by active duty service and denied his claim for service connection.

The Board found that the Veteran does not have an acquired anxiety disorder, to include PTSD, and thus denied service connection for this condition.

The Board has determined that additional development is needed to determine the cause of the Veteran's left lower extremity peripheral neuropathy and whether it was proximately caused by the September 2005 VA total knee arthroplasty. The issues of entitlement to special monthly compensation for loss of use of the left lower extremity and a TDIU are inextricably intertwined with the issue being remanded.

The Veteran's claim for service connection for neuropathy of the lower extremities, secondary to his service-connected diabetes mellitus with cataracts and nephropathy, has been denied. His claim for a rating in excess of 20 percent for diabetes mellitus with cataracts and nephropathy remains pending.

The Board finds that the Veteran's peripheral neuropathy of the upper extremities is secondary to his service-connected diabetes mellitus type II, and grants this claim.

The Veteran's service-connected right lower extremity peripheral neuropathy is rated at 10 percent, but the claims for gastroparesis and hypertension are denied as not related to service or due to Agent Orange exposure.

The Veteran's service connection claims for an eye disability, peripheral neuropathy of the upper extremities, and dental trauma have been dismissed. The Board has granted service connection for coronary artery disease due to presumed exposure to herbicides in Vietnam.

The Veteran's claims for service connection for diabetes mellitus, type II, peripheral neuropathy, and multiple myeloma were denied as these conditions are not presumed to have been incurred due to his alleged exposure to herbicides during service. The Board found that the first evidence of these conditions is decades after service.

The Board denied the appellant's claim for service connection for chronic inflammatory demyelinating polyneuropathy (CIDP) as there was no competent evidence linking CIDP to her active duty service.

The Veteran's TDIU claim was denied as his service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's low back disability was initially granted with a 10 percent rating from June 1, 2006 to November 8, 2006 for lumbosacral strain and separate ratings of 10 percent each for left and right sciatic neuropathy. Since December 1, 2010, the Veteran's disability has not met the criteria for a higher rating.

The Board has determined that the Veteran's diabetes mellitus, type II, non-Hodgkin's lymphoma, peripheral neuropathy of upper and lower extremities, and hypertension were not incurred in or aggravated by service, including exposure to Agent Orange. The presumptive provisions for these conditions have not been met.