The Veteran's hypertensive heart disease with syncope is rated at 30 percent, which is the maximum rating available under DC 7007. The Veteran's hypertension does not meet the criteria for a compensable rating.,The Veteran's hypertension has been rated as noncompensable (0%) throughout the period on appeal due to his diastolic pressure remaining below 100 and systolic pressure being between 100-160. The Veteran is currently in receipt of a 10% rating for right lower extremity radiculopathy from January 7, 2014.,The Veteran's left lower extremity radiculopathy has been rated as 10% since October 1, 2008. The Board found that the disability is most analogous to mild incomplete paralysis of the sciatic nerve and thus warrants a 10% rating.,The Veteran's right lower extremity radiculopathy was not rated higher than 10%, as there were no findings of more severe symptoms such as muscle atrophy or complete paralysis.
The deciding factor: The evidence does not meet the criteria for higher ratings under DCs 7007 and 7101, with the exception of left lower extremity radiculopathy which was rated as mild incomplete paralysis.
- Claimed conditions
- Hypertensive heart disease with syncope, Hypertension, Left and right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068627
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.
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- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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