The Board restored the 20 percent rating for the right lower leg painful and unstable scar, granted a 20 percent rating for right leg internal popliteal nerve paralysis status post surgery, and denied an increased rating for GERD.
The deciding factor: The reduction in the disability rating for the right lower leg painful and unstable scar was improper due to failure to follow proper procedures under 38 C.F.R. § 3.344(a) and (b). The Veteran's right leg internal popliteal nerve paralysis status post surgery manifests in moderate incomplete paralysis, warranting a 20 percent rating. GERD does not meet the criteria for an increased rating.
- Claimed conditions
- right lower leg painful and unstable scar, right leg internal popliteal nerve paralysis status post surgery, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073431
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
- Denied
The Board denied the claims for an initial compensable disability rating for right inguinal hernia surgery and service connection for a low back disability, as well as remanded the claims for service connection for GERD and entitlement to an increased rating for hypertension.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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