Peripheral neuropathy decisions — 2011

The Veteran's claim for service connection for chronic peripheral neuropathy, which he asserts is due to exposure to Agent Orange herbicides, has been remanded by the Veterans Court and will be reconsidered.

The Veteran's claims for increased ratings and an earlier effective date are being remanded due to the need for additional development, including obtaining SSA records.

The Veteran's claims for service connection for peripheral neuropathy and peripheral vascular disease of the bilateral lower extremities are being remanded due to a lack of a VA examination. The examiner will need to determine if these conditions are related to his service-connected diabetes.

The Veteran's bilateral lower extremity peripheral neuropathy is related to his service-connected diabetes mellitus, and the Board finds in favor of granting service connection for this condition. The issue of hepatitis C remains pending as there are conflicting medical opinions regarding its etiology.

The Board has granted service connection for bilateral hearing loss and denied service connection for tinnitus, but the rating assigned is 100% as of the date of decision.

The Board denied the Veteran's claims for service connection for various conditions, finding that none were incurred or aggravated by his active service.

The Board has reopened the claim for service connection for Type II Diabetes Mellitus and granted service connection for this condition, as well as its secondary effects on peripheral neuropathy of the lower extremities, bilateral eye disorder (retinopathy, etc.), and kidney disorder (nephropathy).

The Veteran's combined rating for his service-connected disabilities is 70%, which satisfies one of the criteria for a total disability rating based on individual unemployability. However, he is not found to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for peripheral neuropathy/radiculopathy of the bilateral lower extremities, TMJ disability, and chronic sinusitis. The decision also denied his request to reopen these claims.

The Board finds that the Veteran's peripheral neuropathy of the feet is attributable to service, specifically cold injury during active duty in Korea. Service connection for this condition is granted.

The Board has decided to remand the case for a new VA examination to assess the severity of the service-connected right hand condition, as the previous examination did not provide specific range of motion measurements.

The Veteran's appeal is being remanded due to the need for an appropriate VA examination and additional medical records. The issues of specially adapted housing and earlier effective date are pending.

The Board has determined that the Veteran's claim for service connection for a low back disability, to include as secondary to his service-connected left hallux valgus with bunionectomy and proximal metatarsal crest osteotomy disability, requires additional development. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and obtaining outstanding treatment records. The claims on appeal include an increased rating for prostate cancer residuals and T/R based on unemployability due to service-connected disabilities.

The Board has determined that additional development of the evidence is required in order to properly adjudicate the Veteran's claims for service connection for bilateral peripheral neuropathy of the upper extremities, as secondary to his service-connected diabetes mellitus.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance was denied as he does not meet the criteria for permanent aid and assistance due to his disabilities.

The Veteran's increased ratings for neurological disabilities of the upper and lower extremities, including left hand disability, right hand weakness, left leg neuropathy, and right leg neuropathy, were granted effective February 2, 2009. The rating assigned was 50 percent for the left hand disability.

The Veteran's PTSD is rated at 100 percent disabling, effective July 5, 2007. He also meets the criteria for special monthly compensation based on need for aid and attendance due to his service-connected disabilities.

The Veteran's arthritis of the bilateral feet is related to service, and he was granted service connection for erectile dysfunction, hypertension, and peripheral neuropathy of the lower extremities as secondary to diabetes mellitus. The Veteran's claims for arthritis of the right hand and bilateral feet were not addressed due to a lack of jurisdiction.

The Veteran's diabetes mellitus is rated at 40 percent, effective from the date of this decision. Additionally, he is granted a separate 30 percent rating for diabetic peripheral neuropathy affecting his right upper extremity and a 20 percent rating for diabetic peripheral neuropathy affecting his left upper extremity.