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

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 The hearing loss issue was withdrawn, and the TDIU was granted based on the cumulative functional impairment from PTSD, neuropathies, diabetes, hearing loss, tinnitus, and hypertension, with a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....