The Veteran's peripheral neuropathy of the left and right lower extremities, sciatic nerve was granted a rating of 40 percent prior to October 2, 2023, but denied an increased rating from that date. The Veteran was also granted TDIU and DEA benefits.
The deciding factor: The evidence showed 'moderately severe' incomplete paralysis for the entire period on appeal, which supported a 40 percent rating under DC 8520. The evidence was in equipoise as to whether the Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment.
- Claimed conditions
- Peripheral neuropathy of the left lower extremity, sciatic nerve, Peripheral neuropathy of the right lower extremity, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25038934
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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both lower extremities to obtain a VA medical opinion regarding whether the current condition is caused or aggravated by the Veteran's service-connected diabetes mellitus type II.
- Denied
The Board denied the Veteran's claims for higher initial ratings for peripheral neuropathy of both lower extremities, finding that his symptoms did not meet the criteria for a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities, to include as due to herbicide agent exposure, for compliance with a Court order regarding the provision of an examiner's curriculum vitae.
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