Peripheral neuropathy decisions — 2013

The Board has determined that the Veteran does not have diabetes mellitus, Type II. The issues of hypertension and radiculopathy/peripheral neuropathy of the upper extremities are addressed in the REMAND portion of this decision.

The Board found that the Veteran's peripheral neuropathy is not related to his military service, including exposure to herbicides in Vietnam. The claim for service connection was denied.

The Veteran's diabetes mellitus is rated at 20 percent, and his peripheral neuropathy of the right and left lower extremities are both rated at 40 percent. The effective date for these ratings is July 13, 2005.

The Board found that the Veteran's current eye disorders, including left optic neuropathy and right eye deterioration, did not develop during service or within one year of separation. The evidence does not support a finding that these conditions are related to his military service.

The Board has determined that the Veteran's radiculopathy of the lower extremities is caused by his service-connected back disability, and thus grants service connection for this condition.

The Veteran's service-connected peripheral neuropathy of the bilateral lower extremities is now rated at 20 percent, effective February 7, 2012.

The Board found that the Veteran's neuropathy of the extremities was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service. The preponderance of evidence does not support a finding that the Veteran's current condition is related to his military service.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the appellant's erectile dysfunction and determining whether it is related to his service-connected intervertebral disc syndrome with degenerative arthritis. The claim will be reconsidered after these actions.

The Veteran incurred private medical expenses at the Regional Medical Center-Bayonet Point on December 17, 2009 for a nonservice-connected condition. The Board finds that payment is warranted as the emergency treatment was necessary due to the severity of symptoms and the unavailability of VA facilities.

The Board denied all claims for increased ratings for peripheral neuropathy of the upper and lower extremities, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling new VA examinations to assess the severity of his diabetes mellitus, type II and peripheral neuropathy of the left lower extremity. The TDIU claim will also be addressed.

The Veteran's claims for higher ratings for diabetes mellitus, peripheral neuropathy of the legs, and erectile dysfunction have been denied. The claim for an earlier effective date for the separate disability ratings for peripheral artery disease in both legs has also been denied. The issues of service connection for hypertension and TDIU are being remanded.

The Veteran's hypertension was not incurred in or aggravated by active military service, and may not be presumed to have been so incurred. The Board finds that the preponderance of the evidence is against the claim for service connection for hypertension. As the preponderance of the evidence is against the claim, the benefit-of-the-doubt doctrine is not for application.

The Veteran's claims of entitlement to initial compensable disability ratings for right and left upper extremity neuropathy, as well as entitlement to service connection for low back arthralgia are being remanded due to the need for additional examinations and development.

The Veteran's right and left lower extremity paresthesia are found to be secondary to his service-connected diabetes mellitus.,Service connection is granted for right and left lower extremity paresthesia.

The Veteran's PTSD has been granted a higher initial disability evaluation of 70 percent effective July 11, 2005. The VA also granted a 50 percent rating for his bilateral upper extremity peripheral neuropathy effective May 11, 2011.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities is granted. The Board finds new and material evidence sufficient to reopen his asbestosis claim, but further development is needed due to unclear exposure history.

The Board has reopened the Veteran's claim for service connection for peripheral neuropathy and granted service connection based on exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities, including his lower extremity cold injury residuals and bilateral hearing loss, resulted in a combined disability rating of 40 percent effective February 28, 2006. The Veteran filed an informal claim for increased compensation based on unemployability (TDIU) on October 17, 2007, which was granted with an effective date of November 21, 2006.

The Veteran's service-connected disabilities, including peripheral neuropathy of the left upper and lower extremities, hiatal hernia, genitourinary disorder (including prostatic hypertrophy), sleep apnea, S1 radiculopathy, and polycythemia vera, have been granted. The Veteran is entitled to a 10 percent evaluation for hypertension.