38 C.F.R. § 4.123
Neuritis, cranial or peripheral
Neuritis, cranial or peripheral, characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated on the scale provided for injury of the nerve involved, with a maximum equal to severe, incomplete, paralysis. See nerve involved for diagnostic code number and rating. The maximum rating which may be assigned for neuritis not characterized by organic changes referred to in this section will be that for moderate, or with sciatic nerve involvement, for moderately severe, incomplete paralysis.
Notes of Decisions
Cited in 39
cases (8 in the last 5 years), 1993–2024 · leading case: Suttmann v. Brown, 5 Vet. App. 127 (Vet. App. 1993).
Suttmann v. Brown, 5 Vet. App. 127 (Vet. App. 1993). “38 C.F.R. § 4.123 (1992). Although the RO’s December 1988 decision did not specifically discuss the issues of service connection for beriberi and beriberi heart disease, the decision listed those conditions as not service connected.”
190731-15574 (Board of Vet. App. 2021). “See 38 C.F.R. §§ 4.123 , 4.124. The term "incomplete paralysis" indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
Jacob Banschbach v. Denis McDonough (Vet. App. 2024). “Per the Secretary, the relevant regulations, 38 C.F.R. §§ 4.123 and 4.124, direct adjudicators to rate neuritis and neuralgia "pursuant to the degree of 'paralysis of the affected nerve.”
13-23 457 (Board of Vet. App. 2017). “The provisions of 38 C.F.R. § 4.123 indicate that neuritis characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated on the scale provided for injury of the nerve involved, with a maximum equal to severe…”
12-15 965 (Board of Vet. App. 2018). “38 C.F.R. § 4.123 . The maximum rating which may be assigned for neuritis not characterized by such organic changes will be that for moderate, or with sciatic nerve involvement, for moderately severe, incomplete paralysis.”
190408-8611 (Board of Vet. App. 2019). “See 38 C.F.R. §§ 4.123 , 4.124. The term “incomplete paralysis” indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
190130-3219 (Board of Vet. App. 2020). “See 38 C.F.R. §§ 4.123 , 4.124. The term “incomplete paralysis” indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
Hank M. Smiddy v. Robert L. Wilkie (Vet. App. 2020). “However, the Board determined that "the unusual or exceptional disability picture associated with the [appellant's] left inguinal nerve entrapment render[ed] the schedular criteria under 38 C.F.R. §§ 4.123 , 4.124a Diagnostic Code 8530, 86[3]0 inadequate," and that "[t]he…”
200210-76265 (Board of Vet. App. 2021). “38 C.F.R. § 4.123 . The maximum rating to be assigned for neuritis not characterized by organic changes referred to in 38 C.”
190923-33342 (Board of Vet. App. 2021). “See 38 C.F.R. §§ 4.123 , 4.124. The term “incomplete paralysis” indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
191007-41057 (Board of Vet. App. 2021). “See 38 C.F.R. §§ 4.123 , 4.124. The term "incomplete paralysis" indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
190713-13301 (Board of Vet. App. 2021). “This is the maximum rating for sciatic nerve neuritis not characterized by the organic changes specified in 38 C.F.R. § 4.123 . Motor and/or reflex impairment (for example, weakness or diminished or hyperactive reflexes) at a grade reflecting a high level of limitation or…”
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