The Board denied the appellant's claim for an increased rating for left peroneal nerve palsy, evaluated as 40 percent disabling, for purposes of accrued benefits. The issue of service connection for the cause of the Veteran's death is addressed in the REMAND portion and is REMANDED to the RO.
The deciding factor: The preponderance of evidence did not support a higher evaluation for left peroneal nerve palsy under the applicable rating criteria, as it was already at its highest possible level based on amputation equivalent ratings.
- Claimed conditions
- left peroneal nerve palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2010
- Citation
- 1004159
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1004159.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a rating greater than 20 percent for left peroneal nerve palsy was denied, and his TDIU claim was also denied. The Board found that the evidence did not support an increase in disability rating or entitlement to TDIU based on service-connected conditions.
- Remanded (sent back)
The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.
- Granted
The Veteran's service-connected disabilities, including left peroneal nerve palsy, major depressive disorder, right knee strain, lumbar degenerative disc disease with radiculopathy, and left knee dislocation, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.
- Dismissed
The veteran requested to withdraw his appeal for an evaluation in excess of 30 percent for left peroneal nerve palsy, and the Board dismissed the appeal as a result.
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