Peripheral neuropathy decisions — 2012

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining VA treatment records and any medical and legal documents pertaining to the Veteran's application for Social Security Administration (SSA) disability benefits.

The Veteran's service-connected peripheral neuropathy of the upper and lower extremities was found to be mild or moderate incomplete paralysis, not meeting criteria for higher ratings.

The Veteran's claimed condition, acute and subacute peripheral neuropathy, was not found to be incurred in or aggravated by service. The Board determined that the current condition is unrelated to exposure to Agent Orange during service.

The Board denied the Veteran's claim for service connection for cataracts, finding no competent evidence to show that his post-service cataracts began during active service or were related to any incident of service.

The Board is remanding the Veteran's claims for further development, including obtaining VA treatment records from his service period and considering whether new and material evidence has been submitted to reopen his claim for motor neuropathy of the left leg.

The Board has determined that there is no competent evidence linking the Veteran's neuropathy of the right hand to service or a service-connected disability, and no competent evidence linking his left ankle injury to service.

The Veteran's peripheral neuropathy and MDS are not related to service or any remote incident thereof, nor were they manifested within one year of separation from service.

The Veteran's LEMS was not service-connected, and his claim for compensation under 38 U.S.C.A. § 1151 based on VA's failure to timely diagnose and properly treat LEMS was also denied.

The Veteran's service connection claims for left elbow condition, low back condition, and major depressive disorder have been granted. His claim for high cholesterol was denied as it is not a compensable disability. The Veteran's increased rating for major depressive disorder has been granted to 70 percent effective April 23, 2010.

The Board denied the Veteran's claim of service connection for chronic peripheral neuropathy, finding that it was not incurred in or aggravated by service and is unrelated to an injury, disease, or event during service. The Board also found that chronic peripheral neuropathy is not caused by indirect exposure, if any, to Agent Orange.

The Veteran's claims for service connection are being remanded due to the need for additional development, including verification of herbicide exposure and obtaining outstanding treatment records.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus denied all of his claims.

The Veteran has been granted service connection for peripheral neuropathy of the upper extremities, which is secondary to diabetes mellitus.,Service connection for chest pain (claimed as shortness of breath) cannot be established.

The Veteran's claim for an increased rating for his service-connected peripheral neuropathy of the left lower extremity is being remanded due to unclear findings from previous examinations and a need for clarification regarding which nerves are affected. A new VA examination will be conducted to determine the severity of the condition and its impact on employment.

The Veteran's service-connected low back disability, peripheral neuropathy of the right and left lower extremities contributed to his death from a hip fracture.

The Veteran's diabetes mellitus with microalbuminuria and nonproliferative diabetic retinopathy of both eyes is currently rated at 20 percent, which does not meet the criteria for a higher evaluation. The Veteran's peripheral neuropathy of each upper extremity is currently rated at 10 percent, which also does not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities, including coronary artery disease, hypertension, PTSD, diabetes mellitus, and multiple knee conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal for TDIU benefits is remanded due to inadequate examination reports and the need for additional treatment records. The case must be readjudicated after these actions.

The Board has determined that the Veteran timely filed NODs to the March 2006 rating decisions denying service connection for peripheral neuropathy of bilateral lower extremities, avascular necrosis of bilateral hips status post total replacement of right hip, and entitlement to nonservice-connected pension benefits. As a result, these claims are granted.

The Board has dismissed the Veteran's appeal regarding service connection for peripheral neuropathy of the upper and lower extremities, erectile dysfunction, and a low back disorder. The claims were withdrawn by the Veteran in October 2011. Service connection was denied for hypertension due to lack of evidence linking it to service or any other condition. Service connection was also denied for a low back disorder due to lack of evidence linking it to service.