Peripheral neuropathy decisions — 2015

The Board denied increased ratings for peroneal neuropathy and varicose veins in the bilateral lower extremities, finding that the Veteran's symptoms did not warrant higher ratings under the applicable rating criteria.

The Board found no evidence of lower extremity peripheral neuropathy in service or for years after discharge, and concluded that the Veteran's current symptoms are not related to his diabetes.

The Veteran's service-connected disabilities did not prevent him from securing and following all forms of substantially gainful employment during the period from July 24, 2006 to April 8, 2007.

The Veteran's PTSD was granted service connection with a 50% disability rating, effective from December 12, 1996 to August 25, 1998. Special monthly compensation for aid and attendance was also granted.

The Veteran's appeals for service connection for right ear hearing loss disability and a compensable rating for left ear hearing loss disability have been withdrawn. The claim for service connection for syndactyly of the 2nd and 3rd toes bilaterally is denied as it does not meet the criteria for service connection due to being a congenital defect.

The Board found that the cause of death, end stage esophageal cancer, was not related to service or any service-connected conditions. The Veteran's diabetes mellitus type II and PTSD did not contribute substantially or materially to his death.

The Veteran's service-connected disabilities effectively result in the permanent loss of use of both lower extremities, precluding locomotion without the aid of a wheelchair. However, because he is eligible for assistance under 38 U.S.C.A. § 2101(a) in acquiring specially adapted housing, he cannot also receive a special home adaptation grant.

The Board has determined that the Veteran's current peripheral neuropathy of the bilateral lower extremities is likely related to his military service, including presumed exposure to herbicide agents during his service in Vietnam. As such, the claim for service connection is granted.

The Veteran's claim for restoration of service connection for type II diabetes mellitus was denied due to severance.,An effective date prior to June 19, 2007, for the grant of service connection for type II diabetes mellitus is not granted as there is no entitlement to this benefit.,New and material evidence has been received to reopen a claim for service connection for a kidney condition secondary to type II diabetes mellitus. The issue remains on appeal.,The Veteran does not have a kidney condition that is related to his active duty service or any service-connected disability.,The Veteran does not have peripheral neuropathy of the upper extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have peripheral neuropathy of the lower extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have radiculopathy of the upper extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran does not have radiculopathy of the lower extremities due to any incident of his active duty service or to a service-connected disability.,The Veteran's prostate condition was not incurred in service and may not be presumed to have been incurred due to exposure to herbicides. The issue remains on appeal.,The Veteran's daughter does not meet the criteria for benefits for a child born with spina bifida.

The Veteran's service-connected diabetic peripheral neuropathy of the bilateral lower extremities has been evaluated at a 20 percent rating each, which is considered moderate incomplete paralysis. The Board finds that his symptoms do not warrant higher ratings as they have consistently been described as mild by VA examiners.

The Veteran's service-connected peripheral neuropathy of the right and left lower extremities have been evaluated as moderate incomplete paralysis, warranting a 20 percent rating in each case.,The Veteran's sensory axonal neuropathy of the right ulnar nerve has resulted in moderate incomplete paralysis, warranting a 40 percent rating.

The Board has remanded the case for further development due to a lack of compliance with previous remand directives.

The Board found that the Veteran's peripheral neuropathy of the upper and lower extremities was not incurred or aggravated by service, including exposure to herbicides like Agent Orange. The claim is denied.

The Board finds that the Appellant's preexisting neck injury was aggravated by his period of ACDUTRA, resulting in current cervical spine disorders and right upper extremity impairment.

The Board is remanding the case for further development to determine if the Veteran served in Vietnam during ACDUTRA and whether he was exposed to herbicides, specifically Agent Orange. The claims will be reconsidered based on this information.

The Board has determined that the Veteran's claims for service connection have been denied. The decision does not specify which conditions or issues were denied, but it is clear from the context that all of the listed conditions and issues were addressed.

The Board finds that the Veteran's neurological disability, diagnosed as Multifocal Motor Neuropathy (MMN) and Amyotrophic Lateral Sclerosis (ALS), is consistent with ALS. As such, it should be subject to the presumptive service connection for ALS provided by VA regulations.

The Veteran's peripheral neuropathy of the right and left lower extremities are currently rated at 40 percent each, effective May 2, 2014. The Veteran's CAD is currently rated at 10 percent. The claims for increased ratings and service connection have been granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and providing the Veteran with VA examinations to assess her claimed conditions.

The Veteran has withdrawn his appeals for service connection for bilateral hearing loss and earlier effective dates for PTSD, right hip disability, tinnitus, and peripheral neuropathy of the upper extremities. The Board has no further jurisdiction over these claims.