Peripheral neuropathy decisions — 2016

The Veteran's service-connected back disability, peripheral neuropathy of the legs and arms, and diabetes mellitus have all been rated at their maximum allowable ratings.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his physical and mental incapacity, which requires care and assistance on a regular basis.

The Veteran's service-connected herniated nucleus pulposus of the lumbosacral spine with low back strain is currently rated at 10 percent, and his adjustment disorder with mixed anxiety and depressed mood is rated at 30 percent. The Board has granted a higher rating for these conditions.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including an acquired psychiatric disorder, erectile dysfunction, bilateral lower extremity peripheral neuropathy, kidney disorder, and polyneuropathy of the bilateral upper extremities. The claims are denied.

The Board has denied the Veteran's claims for service connection for various conditions, including sleep apnea, PTSD, chronic pain disorder, and other neurological disorders. The decision is based on the lack of evidence supporting a direct link between these conditions and his military service.

The Veteran's claims for service connection, compensation under 38 U.S.C.A. § 1151, and increased rating have been denied as the evidence does not support a finding that any of his claimed conditions are related to military service or due to VA care.

The Veteran's claims for service connection for diabetes, hypertension, erectile dysfunction, peripheral neuropathy of the bilateral lower extremities, and a renal condition are mixed. The appeal is based on presumed exposure to herbicides during his Vietnam service.

The Veteran seeks compensation under 38 U.S.C.A. � 1151 for left lower extremity neurological impairment he contends that he suffered as a result of a left hip replacement on November 29, 2005 at the VA Medical Center in Columbia, South Carolina.

The Veteran's claims for peripheral neuropathy of the upper and lower extremities are being remanded due to a request for a Board hearing. The claim for sleep apnea is also being remanded as no Statement of the Case has been issued.

The Veteran's appeal was denied for various issues, including an initial rating in excess of 60 percent for idiopathic cardiomyopathy with CAD and atrial fibrillation, service connection for umbilical hernia, thyroidectomy, cervical disorder, vertigo, varicose veins, erectile dysfunction, and a skin disorder.

The Veteran's service separation form shows he had continuous active service from January 5, 1961 to December 27, 1962. However, his service ended before the start of the Vietnam era and does not meet the criteria for qualifying wartime service as required by law.

The Board found that the Veteran did not have hallux valgus or symptoms of it in service, and there is no evidence linking current bilateral hallux valgus to service. The same applies to bilateral onychomycosis and bilateral foot neuropathy.

The Board found that the Veteran's current loss of feeling in his hands and feet, including peripheral neuropathy, is not related to service or any service-connected conditions.

The Board has determined that the Veteran's current arthritis, including sensory ataxia and polyneuropathy, was manifested in service and is related to his military service. Similarly, a chronic neurological disorder was also manifest during service and is considered to be related to his military service.

The Veteran's appeal for increased disability ratings for PTSD and left lower extremity neuropathy was denied. The initial rating of 30 percent for PTSD has been maintained, while the initial rating of 10 percent for left lower extremity neuropathy from January 22, 2009 forward is now at its maximum allowable under VA regulations.

The Veteran's service-connected bilateral lower extremity peripheral neuropathy is currently evaluated at the 20 percent rating, and the evidence does not show that his symptoms warrant a higher evaluation.

The Board has granted service connection for tinnitus, finding that the Veteran's current symptoms are related to his active service. The other claims remain pending and will be remanded for further development.

The Veteran's claims for higher initial ratings for his service-connected diabetes mellitus, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity are being remanded due to the need for additional development.

The Board finds that the Veteran's preexisting bilateral hearing loss was not aggravated by active duty service. The claim for service connection for bilateral lower extremity peripheral neuropathy is denied as there is no clear evidence of aggravation during service.

The Board has remanded the case for a new VA examination to assess whether the Veteran's service-connected disabilities render him unable to obtain or maintain gainful employment. The AOJ should readjudicate the claim after obtaining any additional evidence.