The Veteran's claim for increased ratings for status post-operative right 5th toe hammertoe correction with nerve damage and right lower extremity radiculopathy was denied. The rating of 10% prior to February 17, 2017, and the current 20% rating from that date were both found not to meet the criteria for higher ratings.
The deciding factor: The evidence did not show severe incomplete paralysis or marked muscular atrophy as required for a higher rating under Diagnostic Codes 8520 and 8522.
- Claimed conditions
- Status post-operative right 5th toe hammertoe correction with nerve damage, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 16, 2019
- Citation
- 19129414
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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