The Veteran's service-connected peripheral radiculopathy and diabetic peripheral neuropathy of the right and left lower extremities have been rated at 40 percent since May 5, 2011. The Board has denied entitlement to higher ratings in excess of 40 percent for these conditions.
The deciding factor: The Veteran's disability is rated based on the severity of his symptoms, which are consistent with moderately severe incomplete paralysis of the sciatic nerve as per Diagnostic Code 8520.
- Claimed conditions
- Peripheral radiculopathy, Diabetic peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2019
- Citation
- 19102416
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.
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The Veteran's claim for special monthly compensation SMC(s) was denied as there is no reasonable possibility that any of his service-connected disabilities alone prevent substantially gainful employment.
- Granted
The Veteran's disabilities, including diabetes mellitus II with diabetic retinopathy and chronic kidney disease, rendered him unemployable as of April 19, 2019.
- Denied
The Board denied the veteran's claims for a higher rating and an earlier effective date for service connection for diabetes mellitus type II with retinopathy.
- Denied
The Board denied an earlier effective date for special monthly compensation (SMC) at the housebound rate and remanded the issue of entitlement to SMC based on the need for regular aid and attendance.
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