The Board has remanded the case due to disagreement with the initial ratings for peripheral neuropathy of the lower extremities, and SMC based on loss of use. The Veteran's condition did not meet criteria for a higher rating as his impairment was severe incomplete paralysis without complete paralysis or loss of use.
The deciding factor: The evidence does not show complete paralysis or loss of use of the lower extremities or feet due to peripheral neuropathy alone, and the Veteran could still ambulate with assistance.
- Claimed conditions
- Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 3, 2020
- Citation
- 20058508
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 20058508.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy of the left upper and lower extremities due to herbicide agent exposure, as there is a pre-decisional duty to assist error that occurred prior to the date of the AOJ decision on appeal.
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