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Board of Veterans' Appeals · Legacy series

An evaluation of 40 percent, but no higher, from June 15, 2010 through the present, for left lower extremity peripheral neuropathy is granted.

January 30, 2026Citation Nr. 26001458Docket 16-14 532va.gov source

  • left lower extremity peripheral neuropathyGranted
  • right lower extremity peripheral neuropathyGranted
  • bilateral hearing loss (compensable rating prior to March 2, 2020, rating in excess of 20 percent prior to November 29, 2021, and in excess of 30 percent from November 29, 2021)Dismissed
  • TDIUGranted

Board reasoning

The Board determined that the bilateral lower extremity neuropathies meet the criteria for a 40% rating under DC 8520 for the entire period from June 15, 2010, based on a combination of motor/reflex impairment and sensory symptoms, including weakness and decreased reflexes shown in examinations and continued functional impact evidenced by gait disturbance and need for a walker. It also analyzed the pre- and post- November 29, 2021 rating structure, concluded that 40% is more appropriate than the prior 20% (or other) levels, and noted that higher ratings are not warranted due to lack of muscular atrophy or complete nerve paralysis. The hearing loss issue was withdrawn, and the TDIU was granted based on the cumulative functional impairment from PTSD, neuropathies, diabetes, hearing loss, tinnitus, and hypertension, with a vocational assessment supporting unemployability since June 2010....

Issues

  • left lower extremity peripheral neuropathyGranted
  • right lower extremity peripheral neuropathyGranted
  • bilateral hearing loss (compensable rating prior to March 2, 2020, rating in excess of 20 percent prior to November 29, 2021, and in excess of 30 percent from November 29, 2021)Dismissed
  • TDIUGranted

Authorities

  • Hart v. Mansfield, Vet. App. 505for the concept of staged ratings when disability varies over time
  • Fenderson v. West, 12 Vet. App. 119for the approach to assigning ratings over multiple periods of time

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.