The reduction of the rating for peripheral neuropathy of the right lower extremity from 10 percent to noncompensable was proper due to a finding of clear and unmistakable error (CUE) in the June 29, 2009 rating decision. The appropriate procedural steps were followed.
The deciding factor: The regulatory rating provisions extant at the time of the June 29, 2009 rating decision incorrectly applied old Diagnostic Code 5293, which considered both lumbar spine and right lower extremity peripheral neuropathy symptomatology in assigning a single 60 percent disability rating. Reduction was therefore the proper remedy.
- Claimed conditions
- Peripheral Neuropathy of the Right Lower Extremity, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- May 8, 2019
- Citation
- 19135524
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19135524.
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.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Granted
The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment from March 29, 2012, to April 23, 2025. The Board granted a TDIU during this period.
- Denied
The Veteran's lumbar spine disability is rated at 40 percent, and his left and right foot disabilities are each rated at 10 percent. The appeals for increased ratings have been denied.
- Remanded (sent back)
The Board has decided to remand the claims of increased ratings for Right Shoulder Disability and Lumbar Spine Disability due to a pre-decisional duty to assist error regarding medication effects.
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.