The Board remands the claims for higher ratings for peripheral neuropathic disabilities due to the need for a more current examination and obtaining relevant records from SSA.
The deciding factor: A more current examination is needed to assess the current severity of the service-connected lower extremity neuropathic disabilities, as well as potential relevant records from SSA that may impact the claims.
- Claimed conditions
- right lower extremity posterior tibial nerve, anterior tibial (deep peroneal) nerve, musculocutaneous (superficial peroneal) nerve, and external popliteal (common peroneal) nerve peripheral neuropathy, right femoral nerve peripheral neuropathy, right lower extremity internal saphenous nerve peripheral neuropathy, right lower extremity external cutaneous nerve peripheral neuropathy, right lower extremity obturator nerve peripheral neuropathy, left lower extremity posterior tibial nerve, anterior tibial (deep peroneal) nerve, musculocutaneous (superficial peroneal) nerve, and external popliteal (common peroneal) nerve peripheral neuropathy, left femoral nerve peripheral neuropathy, left lower extremity internal saphenous nerve peripheral neuropathy, left lower extremity external cutaneous nerve peripheral neuropathy, left lower extremity obturator nerve peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002760
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 Board granted an initial 100 percent rating for heart disease and special monthly compensation (SMC) based upon the need for regular aid and attendance of another person, while denying earlier effective dates for service connection for hypertension, heart disease, and left femoral nerve peripheral neuropathy.
- Partly granted
The Board granted an earlier effective date of November 18, 2021, for the grant of service connection for left lower extremity external cutaneous nerve peripheral neuropathy.
- Denied
The Board denied higher ratings for various peripheral neuropathies in the right and left lower extremities, finding that the evidence did not support a rating higher than those already assigned.
- Partly granted
The veteran's service connection for several nerve conditions was granted with an effective date of June 15, 2022. Service connection for hypertension was granted with an effective date of October 25, 2023. Service connection for colon polyps and diverticulitis with polyposis, gastric ulcer and hypertrophic gastritis, gastroesophageal reflux disease with hernia hiatal, stricture of esophagus, and spasm of esophagus, and pharyngeal dysphagia was denied.
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