Peripheral neuropathy decisions — 2012

The Veteran's claim for service connection for peripheral neuropathy, blood clots, and blockage of the right lower extremity was denied. The Board found that new and material evidence had not been submitted to reopen his claim. His current ratings for peripheral neuropathy and thrombophlebitis/varicose veins have already reached their maximum levels.

The Veteran withdrew his appeals for service connection of rhinitis and bilateral upper extremity neuropathy during the November 2011 hearing. The appeal for service connection of an enlarged prostate is remanded due to outstanding private treatment records and a need for further examination.

The Veteran's peripheral neuropathy was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. However, the Board found that the Veteran did not provide informed consent for his treatment.

The Board finds that the preponderance of evidence is against a finding that any of the claimed conditions resulted from VA care in September 2007, and thus denies all claims for benefits under 38 U.S.C.A. � 1151.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for ulcer disease, to include as due to herbicide exposure. Resolving all reasonable doubt in favor of the Veteran, the Board finds that his ulcer disease is related to his military service, including exposure to herbicide agents such as Agent Orange. The Board also finds that his peripheral sensory polyneuropathy of the bilateral lower extremities is related to his military service, including exposure to herbicide agents such as Agent Orange.

The Veteran's service-connected disabilities, including diabetes mellitus and its associated peripheral neuropathies, depression, and erectile dysfunction, preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational experience. The Board has granted a TDIU rating.

The Board found that there is no evidence of the Veteran's presence in Vietnam, and thus he cannot be presumed to have been exposed to herbicides. The claims for service connection were denied as the weight of the evidence does not support a finding of a relationship between the Veteran's current conditions and his military service.

The Board has determined that the Veteran's claim requires additional development and remands for further examination and consideration of his service connection claims.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance of another person due to resultant helplessness.

The Veteran's appeal for a TDIU is dismissed due to his withdrawal. His claims of increased ratings and service connection are not addressed as the appeal has been withdrawn.

The Board denied service connection for bilateral hearing loss and granted service connection for peripheral neuropathy of each lower extremity. The claim for service connection for an acquired psychiatric disability, to include PTSD, and tinnitus was remanded.

The Veteran's service-connected disabilities (PTSD, diabetes mellitus, and peripheral neuropathy of all four extremities) do not render him unemployable due to his inability to secure or follow a substantially gainful occupation.

The Board has granted service connection for all claimed conditions, finding that they are causally related to events during active service.

The Board found that the Veteran's claimed conditions, peripheral neuropathy of the upper and lower extremities, were not incurred in or aggravated by service. The claim for loss of use of all extremities was also denied as there is no evidence showing permanent disability resulting from a disease or injury in service.

The Board has determined that the Veteran's morbid obesity is caused or aggravated by his service-connected major depressive disorder, and therefore grants service connection for this condition.

The Board has determined that there is no evidence of peripheral neuropathy of the upper and lower extremities during service or at any time after separation from active duty. The Veteran's subjective symptoms have not been confirmed by objective medical findings, and his claim for secondary service connection to diabetes mellitus is denied.

The Board denied the Veteran's claims for service connection for various conditions, including stomach ulcer, skin rash (chloracne), peripheral neuropathy of upper and lower extremities, abnormal chest X-ray findings, multiple myeloma, and porphyria cutanea tarda. The appeals were based on secondary service connection due to exposure to herbicides.

The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective August 9, 2007. His neuropathy of the right leg is also rated at 40 percent, effective August 9, 2007.

The Veteran's service-connected disabilities, including PTSD and traumatic amputation of the left hand, are found to require regular aid and attendance due to his physical limitations and mental health issues. The Board has granted an increased rate of SMC based on this need.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.