The veteran's low back pain and peripheral neuropathy of the left lower extremity do not meet the criteria for ratings higher than 20 percent and 10 percent, respectively.
The deciding factor: The veteran's range of motion was limited to primarily 40 degrees with one instance of limitation to 80 degrees, which falls most appropriately within the 20 percent rating category. The neurologic symptoms were rated as mild incomplete paralysis, warranting a 10 percent rating.
- Claimed conditions
- Low back pain, status post hemilaminectomy of the lumbosacral spine, Peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 6, 2008
- Citation
- 0814878
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both lower extremities to obtain a VA medical opinion regarding whether the current condition is caused or aggravated by the Veteran's service-connected diabetes mellitus type II.
- Denied
The Board denied the Veteran's claims for higher initial ratings for peripheral neuropathy of both lower extremities, finding that his symptoms did not meet the criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities, to include as due to herbicide agent exposure, for compliance with a Court order regarding the provision of an examiner's curriculum vitae.
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