Peripheral neuropathy decisions — 2011

The Board found that the Veteran's bilateral foot disorders, including arthritis, neuropathy, corns, and onychomycosis, are not related to his military service. The preponderance of evidence does not support a finding that these conditions began during or were aggravated by his active duty.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for diabetes mellitus and peripheral neuropathy of the lower extremities. The October 2004 rating decision denying these claims remains final.

The Veteran's diabetes mellitus, coronary artery disease, and related conditions are presumed to be due to herbicide exposure in Thailand. The acquired psychiatric disability is linked to the service-connected conditions.

The Board found that the Veteran's peripheral neuropathy is not related to his military service or herbicide exposure, and thus denied the claim.

The Board found that the Veteran's left leg nerve damage resulted from his coronary artery bypass graft performed at a VA medical facility in April 2001, and determined it was caused by carelessness or lack of proper skill on the part of VA. The decision granted compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for a video-conference hearing before a member of the Board at the RO.

The Board denied the Veteran's claims of entitlement to service connection for PTSD and peripheral neuropathy because the medical evidence did not show a diagnosis of PTSD meeting clinical criteria, and because peripheral neuropathy was not related to service or a service-connected disability.

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied the Veteran's claims for service connection for esophageal cancer, type II diabetes mellitus, erectile dysfunction, peripheral neuropathy of the upper extremities, and peripheral neuropathy of the lower extremities, all claimed as due to herbicide exposure. The evidence did not establish a link between these conditions and the Veteran's military service.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and VA examinations for PTSD and left ear hearing loss. Service connection claims for peripheral neuropathy of the upper extremities are also pending.

The Board denied an earlier effective date for the award of service connection for polyneuropathy due to lack of evidence showing a claim was filed prior to July 10, 2007.

The Veteran's service-connected disabilities alone preclude him from securing and following a substantially gainful occupation.

The Veteran's claim for an increased rating for his service-connected left wrist disability was denied. The current disability picture does not meet the criteria for a higher rating.

The Veteran's tinnitus, hypertension, diabetes mellitus type II, erectile dysfunction, and peripheral neuropathy of the upper and lower extremities were not shown to be related to service.,Service connection was denied for all claimed conditions.

The Board found that the Veteran's current peripheral neuropathy of the lower extremities did not begin during service or due to exposure to herbicide agents, and is less likely related to in-service symptoms. As a result, the claim for service connection was denied.

The Veteran's PTSD is granted, and he has service connection for non-ischemic cardiomyopathy with congestive heart failure. The issue of a rating in excess of 10 percent for peripheral neuropathy of the right upper extremity remains pending.

The Veteran's claims for higher ratings are addressed in the REMAND portion of the decision below and are REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. The appeal is denied as there is no evidence showing that the Veteran had peripheral neuropathy of the right lower extremity prior to December 4, 2003.

The Veteran's claims for service connection are being remanded due to unclear information regarding his exposure to herbicides during service. The Board needs to determine if the USS Passumpsic-AO-107 was stationed in inland waterways of Vietnam (Brown Water Service) when the Veteran served aboard the ship between May 1972 and October 1972.

The Board found no evidence of herbicide exposure during service and denied the claims for diabetes mellitus, peripheral neuropathy, and heart disability as they are not presumed due to service.

The Board found that the Veteran's neurological disorder is not related to his service, including any exposure to herbicides in Vietnam. The evidence does not support a finding of service connection.