Peripheral neuropathy decisions — 2014

The Veteran's service-connected disabilities likely combine to preclude gainful employment for which his education and occupational experience would otherwise qualify him.

The Veteran's claims for service connection were denied as new and material evidence was not submitted to reopen the claims. The Board found that his Merchant Marine service in 1968 did not qualify as active duty U.S. military service, thus VA disability benefits cannot be granted based on this exposure.

The Veteran's claims for hypertension, respiratory disorders, chronic sinus infections, and peripheral neuropathy have been denied as there is no evidence of a disease associated with herbicide exposure during service. The presumptive regulations do not apply in this case due to lack of a qualifying condition.

The Veteran's service-connected disabilities do not result in loss or use of upper or lower extremities, blindness, anatomical loss or loss of use of both hands, deep partial or full thickness burns, or residuals of an inhalation injury. Therefore, the criteria for specially adapted housing and special home adaption grant are not met.

The Board has denied all service connection claims as the Veteran does not have any diagnosed disabilities for which he can be granted service connection.

The Veteran's acquired psychiatric disorder (PTSD) and upper-GI system disorder (GERD) are not found to be related to service. The Board has determined that the Veteran does not have a current urinary/ bladder disorder, nor is there evidence of any skin or peripheral neuropathy. Service connection for cataracts is granted as they are proximately due to diabetes mellitus.

The Veteran's hypertension and peripheral neuropathy of the left arm and hands are being remanded for additional examination to determine their etiology.

The Veteran's claim for an increased rating for his service-connected left total knee replacement is being remanded due to the need for a medical examination and opinion regarding the correct elective level for application of the 'amputation rule'.

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent. The appeal for higher ratings has been granted.

The Veteran's claims for service connection for diabetes mellitus, acquired psychiatric disorder (major depressive disorder), and bilateral upper extremity diabetic polyneuropathy have been granted. The claim for service connection for a mouth disorder remains denied. An effective date prior to December 5, 2006 has been granted for the award of service connection for back, neck, and left knee disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus type II and its complications, render him unable to secure or follow substantially gainful employment.

The Veteran's claim for service connection for peripheral neuropathy of the upper and lower extremities was denied as there is no evidence that his condition manifested within a year of presumed exposure to herbicides during service, and he did not have any chronic symptoms in service. The Board also found that there was insufficient evidence to establish secondary service connection based on his claimed exposure.

The Veteran is entitled to a TDIU rating from August 13, 2009, due to his service-connected disabilities, which include diabetes mellitus and chronic kidney disease.

The Veteran's physical impairment due to his nonservice-connected conditions requires care or assistance on a regular basis to protect himself from the hazards of daily environment, and the Board has determined that he meets the criteria for special monthly pension based on the need for aid and attendance.

The Veteran's diabetes mellitus with erectile dysfunction is currently rated at 20 percent, and his peripheral neuropathy of the left and right upper extremities are each rated at 10 percent. The claims for higher ratings have been granted.

The Veteran's appeal has been withdrawn due to a motion for withdrawal of the appeal submitted by his authorized representative.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Veteran's diabetes and peripheral neuropathy of the bilateral lower extremities are granted service connection as they are related to his active duty service, with exposure near the perimeter of Ubon RTAFB during the Vietnam War.

The Board has determined that the Veteran's bilateral pes planus pre-existed service and permanently increased in severity during active service, thus granting service connection for pes planus.

The Board found that the Veteran's current right foot pes cavus and alcoholic neuropathy were not manifest in service and are unrelated to service. Therefore, the claim for service connection for right foot disability is denied.