Peripheral neuropathy decisions — 2012

The Veteran's claim for service connection for hypertension, which is secondary to his service-connected diabetes mellitus and diabetic manifestations (peripheral neuropathy, peripheral vascular disease, erectile dysfunction), has been remanded due to the need for additional development of evidence.

The Veteran's hypertension and peripheral neuropathy of the bilateral upper extremities are found to be secondary to his service-connected diabetes mellitus.

The Veteran's service-connected diabetes mellitus is found to be the cause of his current peripheral neuropathy, thus granting service connection for peripheral neuropathy as secondary to diabetes mellitus.

The Veteran's claim for a higher rating for his right elbow disability is denied as the evidence does not support an evaluation in excess of 10 percent prior to July 2, 2010, and 50 percent thereafter. The claim for a higher rating for his ulnar nerve disability is also denied. The effective date for service connection for diabetes mellitus, type 2, remains August 28, 2008.

The Veteran's diabetes mellitus requires insulin, a restricted diet, and regulation of activities. The Board finds his disability picture meets the criteria for a 40 percent rating.

The Veteran's lumbar spine disability is rated at 20 percent effective June 30, 2010. The initial ratings for polyneuropathy of the upper extremities and impairment of sphincter control are granted but not yet assigned effective dates. Erectile dysfunction remains noncompensable.

The Board has reopened the Veteran's claim for service connection for PTSD and major depressive disorder, diabetes mellitus, pancreatitis, prostate cancer, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity due to new evidence submitted. The claims are granted.

The Board found no competent medical evidence linking the Veteran's current diabetes mellitus and bilateral upper extremity peripheral neuropathy to his service-connected nephritic syndrome, or to service. Therefore, the claims for service connection were denied.

The Board has remanded the case due to issues related to service connection for various conditions secondary to herbicide exposure, including multiple myeloma. The appeal is now with the RO for further review.

The Board has remanded the case for additional development, including obtaining a VA examination and issuing a statement of the case on the issues of whether new and material evidence has been received to reopen claims of entitlement to service connection for peripheral neuropathy of the bilateral upper and lower extremities, and entitlement to service connection for a bilateral knee disability. The Veteran's hypertension claim is also remanded for another examination.

The Veteran's claims for higher initial ratings and earlier effective dates for bilateral upper and lower extremity peripheral neuropathy have been granted, with the assigned initial disability ratings of 10 percent each being retroactively effective from June 10, 2010.

The Veteran's Type II diabetes mellitus with peripheral neuropathy and proteinuria is currently rated at 100 percent since September 4, 2007.,Diabetic nephropathy has been rated at 80 percent since May 12, 2009.

The Veteran's service connection for peripheral neuropathy of the upper extremities was restored, and his rating for DM, Type II with hypertension and erectile dysfunction was maintained at 20 percent.

The Veteran's appeal is remanded for further development, including consideration of service connection claims and TDIU eligibility. The case will be returned to the Board after these issues are adjudicated.

The Board has dismissed the Veteran's appeal to reopen service connection for hypertension due to his withdrawal of the appeal prior to a decision being made.

The Board has remanded the case due to inadequate examination and incomplete record, requiring further development of evidence.

The Board has determined that additional development is needed to verify the Veteran's exposure to herbicides, which may affect his claims for service connection for diabetes mellitus type II and peripheral neuropathy. The case will be remanded for this purpose.

The Board has determined that the diagnosis of type II diabetes mellitus on which service connection was predicated was clearly and unmistakably erroneous, thus denying restoration of service connection for this condition.

The Veteran's testicular cancer is not service-connected, but he has additional disability due to a delay in VA diagnosis and treatment resulting in polyneuropathy of the extremities.,The Veteran is granted compensation benefits under the provisions of 38 U.S.C.A. § 1151 for polyneuropathy of the extremities as a result of delayed VA diagnosis and treatment.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.