Peripheral neuropathy decisions — 2011

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting an addendum to the June 2011 examination report. The examiner is instructed to consider the Veteran's cold injury in service as credible and determine if his current bilateral lower extremity neuropathy is at least as likely as not related to that exposure.

The Veteran's combined service-connected disability rating is 90%, which satisfies the percentage requirements for TDIU. However, his service-connected disabilities alone do not preclude him from engaging in substantially gainful employment.

The Veteran's peripheral neuropathy of the upper and lower extremities was not present in service or manifested until years after service, and no currently present peripheral neuropathy is etiologically related to service, to include exposure to herbicides in service.

The Board found no evidence of a current disability exhibited by upper extremity neuropathy and denied the Veteran's claim for service connection.

The Veteran's service-connected disabilities, including Type II diabetes mellitus and related conditions, coronary artery disease, peripheral vascular disease of the lower extremities, peripheral neuropathy, erectile dysfunction, and left knee instability, have rendered him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a TDIU rating.

The Veteran's current bilateral hearing loss was incurred during his active duty military service and the Board finds that he is entitled to service connection for this condition.

The Board denied service connection for residuals of a left arm soft tissue injury, fracture of the left wrist, and ulnar neuropathy of the left upper extremity. The Veteran's claims were not reopened due to lack of new and material evidence, and his current conditions are not related to active service.

The Veteran's claims of entitlement to service connection for tinnitus, peripheral neuropathy of the bilateral upper and lower extremities, and bilateral hearing loss were denied. The Board found that there was no evidence of peripheral neuropathy in either the upper or lower extremities, and thus service connection could not be granted.

The Veteran's claims for increased evaluations of his service-connected postoperative bunionectomy residuals and peripheral neuropathy were denied. However, he was granted increased evaluations for the secondary peripheral neuropathy in both lower extremities.

The Veteran's neuropathy, mandibular branch of trigeminal nerve, residual from February 2002 oral surgery for extraction of impacted wisdom teeth was not caused by VA carelessness or negligence. The Board finds that the risk of nerve damage during the procedure is a foreseeable event.

The Board has determined that the Veteran's sensorimotor neuropathy of the left and right upper extremities is proximately due to his service-connected diabetes mellitus, and thus grants service connection for these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and consideration of all submitted evidence.

The Board found no evidence of a current disability related to service or service-connected rheumatic heart disease, and denied the Veteran's claim for service connection for peripheral artery disease of the bilateral lower extremities.

The Veteran's initial ratings for CAD, DMII, and peripheral neuropathy of the lower extremities have been denied as his conditions do not meet the criteria for higher ratings under applicable rating criteria.,The Veteran's initial rating for left eye disability has been denied due to lack of evidence showing restricted diet or regulation of activities. The current 30 percent rating is maintained.,The Veteran's ED condition does not warrant a compensable rating as his erectile dysfunction does not meet the criteria for any specific rating under applicable regulations.

The Veteran's claims for service connection are being remanded due to the inability to verify his Vietnam TDY assignment and missing personnel records. The AOJ is instructed to request SSA disability determination(s) and flight manifest records.

The Board has determined that the Veteran did not meet the criteria for service connection for any of the claimed conditions, including diabetes mellitus, prostate disability, spleen disability, liver disability, and peripheral neuropathy. The evidence does not support a finding of in-service disease or injury, nor is there credible evidence linking these conditions to service.

The Board has determined that the Veteran's bilateral hearing loss is etiologically related to active service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of his headaches.

The Board has determined that the Veteran's peripheral neuropathy of the upper and lower extremities is related to his service-connected type II diabetes mellitus, thus granting service connection on a secondary basis.

The Board has determined that additional development is necessary before a decision can be rendered in this case, including obtaining records from Cu Chi hospitals and providing the Veteran with an examination to determine the nature and etiology of his claimed disabilities.