The Veteran's right and left lower extremity peripheral neuropathy disabilities were initially rated at 10 percent under the criteria in Diagnostic Code 8520 for mild incomplete paralysis of the sciatic nerves. The Board found that, for the initial rating period from June 24, 2014 to January 26, 2015, the service-connected right and left lower extremity peripheral neuropathy disabilities were manifested by moderate constant pain, moderate intermittent pain, severe paresthesias and/or dysesthesias, moderate numbness, decreased sensation in the feet, mild incomplete paralysis in the sciatic nerves, and difficulty walking and climbing stairs, which more nearly approximates moderate incomplete paralysis of the sciatic nerves. For these reasons, a rating of 20 percent for these service-connected neuropathies was granted.,For the initial rating period from January 26, 2015 to the present, the Veteran's right and left lower extremity peripheral neuropathy disabilities were remanded due to insufficient evidence.
The deciding factor: The Board found that the Veteran's symptoms more nearly approximated moderate incomplete paralysis of the sciatic nerves for the initial rating period from June 24, 2014 to January 26, 2015.
- Claimed conditions
- Right lower extremity peripheral neuropathy, Left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2020
- Citation
- 20067245
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.
- Denied
The Board denied various claims for increased ratings and earlier effective dates, with the exception of granting a 10 percent rating for right knee instability.
- Denied
The Board denied the veteran's claims for increased ratings for coronary artery disease, diabetes mellitus type II, obstructive sleep apnea syndrome, peripheral neuropathy of both lower extremities, and left ear hearing loss. The veteran was granted a TDIU.
- Partly granted
The Board granted the petitions to readjudicate claims for service connection for bilateral hearing loss and an acquired psychiatric disability, while denying service connection for lower back, kidney, diabetes mellitus type II, hypertension, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and sleep apnea.
- Denied
The Board denied readjudication of increased rating claims for diabetes mellitus, bilateral knee, bilateral lower extremity peripheral neuropathy, and cervical spine, as well as an earlier effective date for DEA and entitlement to TDIU due to the lack of new and relevant evidence.
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