Peripheral neuropathy decisions — 2012

The Veteran's service-connected residuals of a right tibia and fibula fracture are currently rated at 10 percent, effective January 1, 1995. The October 27, 2008 VA examination revealed that the Veteran's leg was shortened by 4 centimeters compared to his left leg, warranting a higher rating of 20 percent.

The Veteran's service-connected peripheral neuropathy of the right upper extremity is currently rated at 20 percent, which reflects a mild degree of incomplete paralysis. The symptoms do not warrant an increase in rating.

The Board has decided the claim for a higher rating for hearing loss. The remaining claims for service connection for hypertension and for higher ratings for PTSD require additional development before being decided on appeal, so these claims are remanded to the RO.

The Board has remanded the issues of service connection for sleep apnea, erectile dysfunction, hepatitis C, and peripheral neuropathy due to speculative nature of causation.

The Veteran's claims for earlier effective dates for his service-connected right ulnar neuropathy and a right elbow disability are dismissed as the RO's decision became final due to lack of appeal. The Veteran is left with only one option in his attempt to obtain an earlier effective date: a claim alleging that the RO's original decision contained clear and unmistakable error (CUE).

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for peripheral neuropathy as secondary to diabetes mellitus. The Veteran's assertions are considered redundant of previous contentions, and thus do not constitute new and material evidence.

The Board has determined that the Veteran's claimed conditions are not related to his military service, including as secondary to service-connected shell fragment wound residuals and inservice exposure to herbicides.

The Veteran's appeal is being remanded for additional development to address the combined effects of all his service-connected disabilities on his employability.

The Board has granted service connection for diabetes mellitus and peripheral neuropathy of the bilateral lower extremities, finding that new evidence supports reopening the claim and establishing a current diagnosis.

The appeal has been withdrawn by the appellant prior to the Board's decision.

The Board has determined that the Veteran's service-connected peripheral neuropathy of the lower extremities warrants a 20 percent rating, effective from his date of claim. The disability is currently rated as moderate in nature.

The Veteran's residuals of cold injuries (onychomycosis and peripheral neuropathy) of both lower extremities, as well as his bilateral hearing loss, are all found to be related to service. The Board granted service connection for these conditions.

The Board has determined that the Veteran does not have a current disability of bronchitis, tinnitus, left ear hearing loss, non-Hodgkin's lymphoma (claimed as Waldenstrom's Macroglobulinemia), or neuropathy. The claim for service connection for right ear hearing loss is denied.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically hearing loss and urinary frequency. The Veteran's assertions of continuity of symptomatology are not supported by the evidence of record.

The Board dismissed the appellant's claims for earlier effective dates as legally insufficient, finding no allegation of fact or law upon which relief may be granted.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records and scheduling a VA examination to reassess his service-connected disabilities.

The Board has granted service connection for cervical spine, right shoulder, and right hip disorders as secondary to the Veteran's service-connected right ankle disability. The adjustment disorder with depressed mood and idiopathic polyneuropathy of the right leg and right hip are not addressed in this decision.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities, to include as due to Agent Orange exposure, is being remanded for additional development.

The Board denied the appellant's claims for increased initial ratings for peripheral neuropathy of the right and left lower extremities on an extraschedular basis, finding that the evidence did not show that the disabilities initially rated as 10 percent prior to June 24, 2010, resulted in an exceptional or unusual disability picture.

The Veteran's diabetes mellitus is currently rated at 40 percent since April 8, 2010. Prior to that date, it was rated as 20 percent from July 18, 2001.,Her hypertension has been rated at 10 percent since July 18, 2001.