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
- Not verified here — check the original decision
- Decision date
- May 8, 2019
- Citation
- 19135524
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19135524.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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