Citation Nr: 18153267 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 15-35 885 DATE: November 27, 2018 ORDER An initial 20 percent disability rating, and no higher, for right lower extremity femoral peripheral neuropathy is granted. An initial 20 percent disability rating, and no higher, for left lower extremity femoral peripheral neuropathy is granted. FINDINGS OF FACT 1. The Veteran’s right lower extremity femoral peripheral neuropathy is manifested by no more than moderate incomplete paralysis. 2. The Veteran’s left lower extremity femoral peripheral neuropathy is manifested by no more than moderate incomplete paralysis. CONCLUSIONS OF LAW 1. The criteria for a 20 percent disability rating, and no higher, for right lower extremity femoral peripheral neuropathy have been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §4.124a, Diagnostic Code 8526 (2017). 2. The criteria for a 20 percent disability rating, and no higher, for left lower extremity femoral peripheral neuropathy have been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §4.124a, Diagnostic Code 8526 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty from October 1978 to June 1980. The Veteran had a hearing before the undersigned Veterans Law Judge in October 2018. Increased Rating Right and left lower extremity femoral peripheral neuropathy increased rating claims. The Veteran contends that his right and left lower extremity femoral peripheral neuropathy each warrants a disability rating higher than 10 percent. In a September 2014 rating decision, the RO granted service connection for right and left lower extremity femoral peripheral neuropathy, with a 10 percent disability rating for each extremity, effective August 14, 2014. Under Diagnostic Code 8526, for the femoral nerve, the next higher 20 percent disability rating would be warranted for moderate incomplete paralysis and a 30 percent for severe incomplete paralysis. Complete paralysis of the quadriceps extensor muscles would warrant a 40 percent disability rating. During the appeal period, the only VA examination of record is from August 2014. The August 2014 VA examination showed a finding of mild, incomplete paralysis or each femoral nerve, consistent with a 10 percent disability rating. However, just a year prior an August 2013 VA examination showed a finding of moderate, incomplete paralysis for each femoral nerve, which is indicative of a 20 percent disability rating. Also, VA medical records, such as a February 2015 record, generally document that the Veteran had numbness and weakness of the legs, with absent sensory responses in the legs. A disability rating higher than 20 percent is not supported by the record. The Veteran does not have severe incomplete paralysis or complete paralysis of the femoral nerve of either lower extremity. During the appeal period, VA examiners found only mild incomplete paralysis, but there were no severe incomplete paralysis findings or complete paralysis. For example, the August 2014 VA examiner found no constant pain and only mild intermittent pain, paresthesias and/or dysesthesias, and numbness. Light touch/monofilament testing was normal for the knee/thigh, which would be consistent with the area indicated by the femoral nerve (under Diagnostic Code 8526 for the quadriceps extensor muscles). Although VA medical records generally indicate bilateral lower extremity symptoms more severe than mild incomplete paralysis, such records do not differentiate the different nerves involved. The Board notes that the Veteran is already separately service-connected for each lower extremity sciatic nerve and that the August 2014 VA examiner and VA medical providers, such as a March 2015 provider, have found that his loss of strength is due to his non-service-connected stiff man syndrome. The Veteran’s representative, in an October 2015 statement, also only indicated that the Veteran’s symptoms warrant a 20 percent disability rating. Neither the Veteran nor his/her representative has raised any other issues, nor have any other issues been reasonably raised by the record. See Doucette v. Shulkin, 28 Vet. App. 366 (2017). (Continued on the next page)   In conjunction with the findings of the August 2013 VA examination and VA medical providers, and the Veteran’s credible lay statements of record, the Board finds that a disability rating of 20 percent, and no higher, for radiculopathy of the femoral nerve of each lower extremity is granted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Lindio