Peripheral neuropathy decisions — 2013

The Veteran's ischemic monomelic neuropathy affecting the left leg, aneurysm with thrombosis of the left popliteal artery, abscess of the left thigh with a residual scar, and diabetes mellitus are all found to be proximately caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers. As such, compensation benefits under 38 U.S.C.A. § 1151 are granted for these conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to missing VA administrative records and the need for a new VA medical opinion regarding the etiology of his diagnosed neurological disorders.

The Veteran's claim for an earlier effective date for SMC based on the need for regular aid and attendance was denied as there was no pending claim prior to May 13, 2009. The effective date of May 13, 2009 is established based on a medical opinion dated that day.

The Veteran's left hand disability, characterized by sensory neuropathy and degenerative joint disease of the little finger interphalangeal joint, is currently rated as 20 percent disabling. The decision grants a higher rating for this condition.

The Veteran's peripheral neuropathy of the lower extremities and numbness in the arms are not shown to be related to service or any presumptive exposure. The heart disorder is presumed associated with herbicide exposure, but no current diagnosis has been established.,Hypertension is also presumed associated with herbicide exposure, but no current diagnosis has been established.

The Veteran's right hip disability is rated at 20 percent, and his right leg neuropathy is separately evaluated as a 10 percent disability. The Veteran does not have any service-connected disabilities that preclude him from obtaining and maintaining substantially gainful employment.

The Board has determined that the Veteran's right carpal tunnel syndrome and ulnar neuropathy are not related to his military service or a service-connected disability.

The Veteran's claim for an earlier effective date of SMC benefits based on housebound criteria being met was granted as of July 26, 2006. The Board found that the Veteran had service-connected disabilities totaling at least 70% disabling by September 16, 2005, which qualified him for SMC benefits effective from that date.

The Veteran's claim for service connection for peripheral neuropathy of the left upper extremity as secondary to his service-connected diabetes mellitus is being remanded due to recent symptomatology and unassociated VA treatment records.

The Board has determined that the Veteran's diabetes mellitus with erectile dysfunction and peripheral neuropathy, as well as his tinnitus and bilateral hearing loss, may not be effective earlier than October 14, 2009. The initial ratings for these conditions have been denied.

The Veteran's claims for service connection for various conditions, including irritable bowel syndrome, hypertension, diabetes mellitus type 2, vision disability, peripheral neuropathy of all extremities, and an acquired psychiatric disorder (PTSD), were denied as there was no evidence of herbicide exposure or a link to service.

The Board has vacated its November 2012 decision due to the discovery of additional evidence not previously considered, and has remanded the case for further development.

The Veteran's diabetes mellitus with nephropathy, retinopathy and erectile dysfunction is currently rated at 20%.,Prior to June 1, 2006, the Veteran's neuropathy in his right foot was rated at 10%, while in his left foot it was also rated at 10%. After that date, both conditions were rated at 20%.,The Veteran requested withdrawal of his claim for increased SMC based on loss of use of a creative organ.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's neuropathy of the right and left upper extremities has been granted increased ratings, with a 10 percent rating for each arm since June 24, 2009.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing or special home adaptations.

The Board has determined that additional development is needed to obtain VA treatment records and other relevant medical evidence. The Veteran's claims for service connection will be readjudicated after the completion of this development.

The Veteran is seeking an initial compensable disability evaluation for his service-connected residuals of a left index finger laceration. The case has been remanded due to the need for additional examination and development.

The Veteran's claim for increased ratings and service connection for headaches, radiculopathy, neuropathy, right knee disability, bilateral ankle and hip disabilities, arthritis (bilateral toes), skin disability, left knee patellofemoral syndrome, and headaches was granted. The Veteran is currently rated 30% for his service-connected headaches.

The Board denied service connection for diabetes mellitus, type II, peripheral neuropathy, and erectile dysfunction as secondary to herbicide exposure. The Veteran did not set foot in Vietnam or have actual exposure to herbicides during his service.