Peripheral neuropathy decisions — 2011

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Board denied the Veteran's claims of service connection for right leg weakness, right ear hearing loss, tinnitus, a bilateral foot disorder, a right shoulder disorder, and a right knee disorder. The appeals were remanded by the Court due to issues with the decision.

The Board has determined that the appellant did not serve in Vietnam and there is no evidence of exposure to herbicide agents such as Agent Orange. The Board also found that his claimed conditions were not present during service or for many years thereafter, and are not related to his active service.

The Veteran's claim for increased ratings and service connection has been denied. The evidence does not support the assignment of higher evaluations or a finding of service connection.

The Veteran's service connection for sensory neuropathy of the right lower extremity and nerve damage status post removal of traumatic neuroma of the right foot was granted, with effective dates set at June 14, 2006. The initial ratings assigned were 10 percent for sensory neuropathy and 20 percent for nerve damage.

The Veteran's claims for earlier effective dates for service connection were denied as there was no pending claim prior to the May 19, 2006 submission of his application.,Similar to the first issue, the second issue regarding right hand weakness also had no pending claim prior to the May 19, 2006 submission.

The Board has determined that the Veteran's service-connected peripheral neuropathy of the bilateral lower extremities warrants a 10 percent disability rating, and any higher ratings are not warranted.

The Veteran's initial increased ratings for peripheral neuropathy of the bilateral lower extremities have been granted. However, service connection for CVA residuals other than residual peripheral neuropathy of the left upper and lower extremities remains unresolved.

The Veteran's claims for increased ratings and effective dates have been granted. Effective dates prior to July 2, 2008, are established for the peripheral neuropathy of his upper and lower extremities.

The Board denied the Veteran's claims for service connection for left ear hearing loss, TMJ disorder, and an initial compensable rating for a cervical spine disorder. The Veteran was granted service connection for tinnitus but not for right shoulder strain or neurological impairment of the bilateral upper extremities.

The Board found that the Veteran's service-connected peripheral neuropathy of the left upper extremity was manifested by sensory disturbances only during the entire appeal period, and thus did not meet the criteria for an initial evaluation in excess of 20 percent.

The Board has determined that the Veteran's right shoulder condition is not caused or aggravated by his service-connected residuals of a right thumb injury, and thus denied his claim for service connection. His right thumb disability was evaluated as 10 percent disabling.

The Veteran is found to be unemployable due to his service-connected diabetic retinopathy with cataracts, which precludes him from working.

The Veteran's claims for increased ratings for peripheral neuropathy of the right and left upper extremities have been granted, with a rating of 10% each.

The Veteran's service-connected bilateral hearing loss and diabetes mellitus, type II with complications have been evaluated based on the criteria provided in the rating schedule. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Board has remanded the case for additional development, including scheduling a hearing at the RO.

The Veteran's MS with neurogenic bladder is rated at 30 percent, sensory neuropathy of the left upper extremity at 70 percent, and sensory neuropathy of the left lower extremity at 30 percent. The optic neuritis claim was denied. Special monthly compensation based on need for regular aid and attendance was granted.

The Veteran's service-connected disabilities, including PTSD with depression and multiple amputations, have rendered him unable to use his arms at or above the elbow. As a result, he meets the criteria for specially adapted housing.

The Veteran's claims for increased ratings and service connection were denied. The claim for an effective date earlier than November 3, 2006, for PTSD was also denied.

The Veteran's claim for service connection for chloracne is granted due to new and material evidence. Service connection is also granted for peripheral neuropathy of the lower extremities, presumed to be caused by herbicide exposure in Vietnam.