The Veteran's claims for increased ratings for left and right foot peripheral neuropathy are denied. The claim for a temporary total evaluation based on convalescence following surgery is also denied as the Veteran does not have a service-connected right great toe disability.
The deciding factor: The Veteran did not meet the criteria for a temporary total rating as his right great toe disability was not service-connected at the time of surgery, and therefore, treatment could not result in one of the listed outcomes for a temporary total rating.
- Claimed conditions
- left foot peripheral neuropathy, right foot peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 30, 2020
- Citation
- 20007644
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.
- Dismissed
The Board dismissed the appeals for service connection for left foot, right hand, right foot, and left upper extremity peripheral neuropathy as untimely.
- Dismissed
The appeal seeking entitlement to service connection for PTSD, left foot peripheral neuropathy, right foot peripheral neuropathy, and eczema was dismissed due to procedural defects in the Veteran's election of review options.
- Remanded (sent back)
The Board of Veterans' Appeals remands the claims for service connection for irritable bowel syndrome, posttraumatic stress disorder, right foot peripheral neuropathy, right foot great toe fracture, and right knee disability due to an error in providing notice regarding the Veteran's right to a hearing.
- Granted
The Board granted a 30 percent disability rating for right and left foot peripheral neuropathy, effective July 1, 2015, as well as a total rating based on individual unemployability from the same date.
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