The Veteran is granted SMC based on the need for regular aid and attendance of another person due to his service-connected disabilities.,The claim for an earlier effective date for SMC based on loss of use of a right foot is denied as there was no formal or informal communication prior to July 28, 2017.,The Veteran's rating for right lower extremity radiculopathy with right drop foot is granted at 40 percent.
The deciding factor: The Veteran's service-connected disabilities cause impairment that renders it difficult for him to conduct the activities of daily living without the assistance of another person.,There was no formal or informal communication prior to July 28, 2017, regarding an earlier effective date for SMC based on loss of use of a right foot. The Veteran's claim for an increased rating for his right-foot peripheral neuropathy was received on that date.,The VA examinations and treatment records show the Veteran has moderately severe incomplete paralysis of the right sciatic nerve without muscle atrophy, which does not meet the criteria for a higher than 40 percent rating.
- Claimed conditions
- right lower extremity radiculopathy with right drop foot, right foot peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 9, 2022
- Citation
- 22007434
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 22007434.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for bilateral hallux valgus and bilateral pes planus, finding that the evidence is at least evenly balanced as to whether these conditions had their onset in service. Service connection was denied for left foot peripheral neuropathy, right foot peripheral neuropathy, psoriasis, and psoriatic arthritis.
- Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's right and left foot peripheral neuropathy, as there is a pre-decisional duty to assist error in the current VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right and left foot peripheral neuropathy due to inadequate medical opinions addressing the nature and etiology of his condition, as well as any aggravation by his lumbar intervertebral disc syndrome.
- Dismissed
Your appeal has been dismissed due to the death of the appellant.
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