The Board denied an initial rating higher than 40 percent for the left lower extremity neurological impairment, finding that during the entire initial rating period on appeal, the condition did not more nearly approximate severe incomplete paralysis with muscular atrophy.

The deciding factor: The evidence of record did not support a finding of severe incomplete paralysis with marked muscular atrophy, which would warrant a higher 60 percent rating under Diagnostic Code 8520.

Claimed conditions

Left Lower Extremity Neurological Impairment

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 6, 2025

Citation

25003257

Want to see how appeals like this one tend to go? Appeals like mine