The Veteran's claim for a rating in excess of 40 percent for loss of use of the left foot is denied, but he is granted a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's left foot disability is rated as 40% disabling under Diagnostic Code 8521 (complete paralysis with foot drop), which is the maximum schedular rating available. However, his other service-connected conditions also warrant a combined rating of at least 40%, meeting the criteria for TDIU.
- Claimed conditions
- loss of use of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2017
- Citation
- 1759577
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 1759577.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's left knee disability was granted a 20 percent rating for lateral instability from January 4, 2019, and a 10 percent rating for symptomatic removal of semilunar cartilage from June 13, 2017, to August 22, 2018. The claims for an earlier effective date, increased rating for extension, separate rating for shin splints, and special monthly compensation were denied.
- Denied
The Board denied the veteran's claims for service connection for a below-knee amputation of the left leg and special monthly compensation based on loss of use of the left foot. The evidence showed that the amputation was due to peripheral vascular disease, not the veteran's service-connected radiculopathy.
- Denied
The Veteran's disability ratings for loss of use of the left foot and right hand were reduced, but the termination of benefits related to these disabilities is upheld.,Special Monthly Compensation, specially adapted housing benefits, automobile and adaptive equipment allowance, total disability rating based on individual unemployability due to service-connected disability (TDIU), and Dependents' Educational Assistance eligibility were all terminated.
- Granted
The Veteran's service-connected disabilities, including coronary artery disease with bypass graft, kidney disease, diabetes mellitus type II, and peripheral neuropathy of the lower extremities, require his wife to assist him in daily activities due to his inability to care for himself.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.