The Veteran's radiculopathy of the right lower extremity (posterior tibial nerve) and neuropathy of the right lower extremity (internal saphenous nerve) have not met the criteria for increased ratings. The right foot contusion injury residuals are rated at 20 percent, but there is no evidence of severe to complete paralysis or marked muscular atrophy.,The Veteran's COPD has not more nearly approximated forced expiratory volume in one second (FEV-1) of 56- to 70-percent predicted, or FEV-1/Forced Vital Capacity (FVC) of 56 to 70 percent, or DLCO (SB) 56- to 65-percent predicted.
The deciding factor: The Veteran's radiculopathy and neuropathy have not shown moderate incomplete paralysis as required for a higher rating under the applicable diagnostic codes. The right foot contusion injury residuals are currently rated at 20 percent, which is the highest available rating based on the evidence of record.
- Claimed conditions
- Radiculopathy of the right lower extremity (posterior tibial nerve), Neuropathy of the right lower extremity (internal saphenous nerve), Right foot contusion injury residuals, Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- A24077474
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 A24077474.
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.
- 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 appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Denied
The Board denied the veteran's claims for service connection for chronic obstructive pulmonary disease and a right knee disability, as there was no probative evidence showing that these conditions had their onset during active service or were related to an in-service event, injury, or disease.
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