The Veteran's right foot drop disability is rated at the maximum schedular rating of 80 percent, and her service-connected lumbosacral spondylosis with diffuse lumbar disc bulging does not warrant a higher rating. The issue of increased SMC entitlement has been denied as she is already in receipt of the highest available rate for both anatomical loss or use.
The deciding factor: The Veteran's right foot drop disability, rated at 80 percent under Diagnostic Code 8520, does not meet the criteria for a higher schedular rating. The Court found that the Board failed to address whether an extraschedular rating was warranted and remanded this issue to the Board.
- Claimed conditions
- Right Foot Drop, Lumbosacral Spondylosis with Diffuse Lumbar Disc Bulging
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- October 27, 2023
- Citation
- 23058331
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 23058331.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right foot drop was rated at 20 percent prior to July 21, 2017 and increased to 40 percent thereafter. The claim for a higher rating is denied.,From July 21, 2017 onwards, the Veteran’s disability has been rated at 40 percent.
- Granted
The Board has granted service connection for Multiple Sclerosis, a right eye disability, and right foot drop. Service connection is also granted for the Veteran's low back pain on remand. The issue of Individual Unemployability (TDIU) is also remanded.
- Remanded (sent back)
The Veteran's appeal for service connection for PTSD has been dismissed.,The Veteran's appeals for increased ratings in excess of 50 percent for unspecified depressive disorder and right foot drop have been remanded due to the need for new examinations.,The Veteran's appeal for service connection for left foot drop is also remanded as it may be related to an in-service football injury.
- Remanded (sent back)
The Board has remanded the claims for service connection for MS, right foot drop, microscopic hematuria, low back pain, and eye disability (claimed as blindness) to allow for further development. The Veteran's right eye vision loss is being evaluated in relation to his MS.
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