Peripheral neuropathy decisions — 2012

The Board found that there is no evidence of a right lower extremity polyneuropathy during service or since, and the Veteran's current condition is not related to his period of active service or any service-connected disability.

The Veteran's TDIU claim is being remanded due to the need for a VA examination assessing the combined impact of his service-connected disabilities on his employability.

The Veteran's claim for service connection for PTSD was denied as there is no competent evidence of a current diagnosis related to his military service.,The Veteran's claim to reopen the gunshot wound and neuropathy claim was granted, but he did not receive a specific rating assigned or effective date.

The Board finds that there is no current diagnosis of bilateral lower extremity or left upper extremity peripheral neuropathy, and thus service connection for these conditions cannot be established.

The Board has remanded the case for further development and examination, including a VA examination to determine if the Veteran's current low back disability was caused by a documented injury in service in 1960. The claim of service connection for type 2 diabetes will be developed in accordance with the provisions of the VA Adjudication Procedure Manual, M21-1MR, Part IV, subpart ii.2.C.10.o. Further development is needed to determine if there are other potential causes for the Veteran's current back disability.

The Veteran's paraneoplastic cerebellar degeneration with peripheral neuropathy is presumed to have been incurred in active service due to herbicide exposure. Service connection for multisystem atrophy as secondary to the now service-connected paraneoplastic cerebellar degeneration with peripheral neuropathy is also granted.

The Board has determined that the Veteran's TDIU entitlement arose as of April 4, 2006, based on his service-connected disabilities and elevated combined disability evaluation. An effective date of August 4, 2006, but none earlier, is granted.

The Veteran's lumbar spine disability was rated at 10 percent prior to August 31, 2011 and remains at that level. The right lower extremity neuropathy is rated at 10 percent.,Effective from August 31, 2011, the Veteran's lumbar spine disability has been rated at 20 percent.

The Veteran's claim for service connection for bilateral lower extremity peripheral neuropathy is being remanded due to the need for additional development, including a VA neurological examination and consideration of new evidence.

The Board has determined that new and material evidence has not been submitted to reopen claims for service connection for peripheral neuropathy of the extremities, but has found that there is no competent or credible evidence of a heart condition other than hypertension. The earlier effective date claim for bilateral hearing loss remains in appellate status.

The Veteran's diabetes mellitus, type II, was granted with a 20 percent initial rating. The Board also found that the criteria for a staged rating of 60 percent were met beginning December 11, 2007. However, his TDIU claim is not adjudicated as it has not been previously addressed.

The Board found that the Veteran's current low back disabilities are not related to his active duty service and denied his claim.

The Veteran's claim for service connection for bilateral hearing loss was denied. The Board found that there is no evidence of hearing loss in service or within one year postservice, and the VA examiner opined that any current hearing loss is not related to military noise exposure.

The Board has determined that the Veteran's hepatitis is related to his service, and granted service connection for hepatitis. The claim of service connection for bilateral peripheral neuropathy remains pending.

The Veteran's service connection claims for bilateral peripheral neuropathy and left shoulder disability have been granted. The decision is based on direct evidence of a nexus to service, with no presumption applied.

The Veteran's claim for special monthly compensation (SMC) for loss of use of the feet was denied as he did not meet the criteria for SMC due to his service-connected disabilities, including bilateral knee arthritis and peripheral neuropathy.

The Board has reopened the Veteran's claim of entitlement to service connection for axonal sensorimotor polyneuropathy of the bilateral upper and lower extremities, to include as due to exposure to Agent Orange. The evidence submitted since the April 2006 rating decision includes additional VA treatment records, private treatment records, Social Security Administration records, and lay statements that relate to an unestablished fact (the relationship between the Veteran's current disability and his service in Vietnam) and raises a reasonable possibility of substantiating the claim.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, diabetes mellitus, and diabetic peripheral neuropathy of all extremities, render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for a right shoulder disability, reopening the previously denied claim based on new evidence. The appellant is now entitled to compensation for this condition.

The Veteran's service-connected disabilities, including diabetic retinopathy which renders him legally blind, result in the need for regular aid and attendance of another person. The Board finds that special monthly compensation based on the need for regular aid and attendance is warranted.