Peripheral neuropathy decisions — 2012

The Veteran's diabetes mellitus is currently rated at 20 percent, effective from April 25, 2007. His peripheral neuropathy of the left and right lower extremities are each rated at 10 percent, also effective from September 25, 2010.

The Veteran's left knee disability, including superficial peroneal neuropathy of the left lower extremity and left knee laxity and instability, was granted a combined 40 percent rating effective September 24, 2008. A TDIU was also granted effective that date.

The Veteran's tinea pedis of the right foot is rated at 10 percent, effective February 4, 2008. He also has a separate rating for mild peripheral neuropathy with dysesthesias of the right lower extremity associated with his tinea pedis.

The Board has reopened the claim for service connection for an idiopathic seizure disorder and remanded it for further development. The other secondary claims are also being remanded due to their dependency on the reopening of this primary claim.

The Veteran's claim for service connection for peripheral neuropathy of the upper and lower extremities, secondary to diabetes mellitus was denied. The Board found that there is no current diagnosis of bilateral upper and lower extremity peripheral neuropathy. For his tinnitus claim, a new VA examination is needed as the previous one did not consider in-service noise exposure.

The Board denied service connection for peripheral neuropathy, dizziness, memory loss, dermatitis, and arthritis due to exposure to Agent Orange. The conditions were not found to be related to the Veteran's military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and records, as well as details regarding the ongoing criminal prosecution of the Veteran.

The Board found no evidence of acute or subacute peripheral neuropathy that became manifest within one year after last exposure to herbicides, and the Veteran's neuropathy did not resolve within two years. Therefore, service connection for peripheral neuropathy due to herbicide exposure is denied.

The Board has determined that the Veteran's claimed disabilities are not related to service, including presumed exposure to herbicide agents.

The Veteran's peripheral neuropathy of the left lower extremity is found to be caused by long-term use of Flagyl, a medication prescribed and overseen by VA providers. The Board finds that this condition was not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims for further development, including obtaining medical records and providing a new examination to address the etiology of his peripheral neuropathy conditions.

The Board has determined that the Veteran's peripheral neuropathy of both upper extremities is no more than moderate in severity, warranting a 30 percent rating for his right upper extremity and a 20 percent rating for his left. The effective date remains October 10, 2002.

The Veteran's peripheral neuropathy of the upper and lower extremities is found to be proximately caused by his service-connected diabetes mellitus, thus granting service connection for this condition.

The case is being remanded for additional development to determine the nature and etiology of the Veteran's bilateral foot disability, including peripheral neuropathy. The RO/AMC will arrange for an examination by a VA examiner and a neurologist.

The Veteran's claims for erectile dysfunction, body rash, hypertension, and peripheral neuropathy were denied. The claim for an eye disorder was not reopened due to lack of new and material evidence.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The Veteran's claim for service connection for peripheral neuropathy of the upper and lower extremities, including as due to exposure to Agent Orange in Vietnam, is being remanded for further development.

The Veteran's claim for a higher rating for meralgia paresthetica with entrapment neuropathy, left leg was denied. The claim for an earlier effective date for TDIU was also denied.

The Veteran's appeals for service connection and effective dates have been dismissed due to his withdrawal of the claims.

The Veteran's claims for an increased rating for diabetes and TDIU have been remanded due to the need for additional development of his medical records and a VA examination.