38 C.F.R. § 4.124
Neuralgia, cranial or peripheral
Neuralgia, cranial or peripheral, characterized usually by a dull and intermittent pain, of typical distribution so as to identify the nerve, is to be rated on the same scale, with a maximum equal to moderate incomplete paralysis. See nerve involved for diagnostic code number and rating. Tic douloureux, or trifacial neuralgia, may be rated up to complete paralysis of the affected nerve.
Notes of Decisions
Cited in 34
cases (3 in the last 5 years), 2011–2024 · leading case: Cronin v. United States, 765 F.3d 1331 (Fed. Cir. 2014).
Cronin v. United States, 765 F.3d 1331 (Fed. Cir. 2014). “See 38 C.F.R. § 4.124 (a). How- ever, at the time she was placed on the TDLR, her mi- graines were assigned to category III as not separately unfitting and not contributing to any unfitting condition.”
190408-8611 (Board of Vet. App. 2019). “See 38 C.F.R. § 4.124 , DC 8520. Additionally, the Veteran is not entitled to initial disability ratings in excess of 20 percent since January 22, 2019.”
14-00 918 (Board of Vet. App. 2016). “38 C.F.R. § 4.124 (2016). Paralysis of the sciatic nerve is rated under Diagnostic Code 8520.”
14-00 918 (Board of Vet. App. 2016). “38 C.F.R. § 4.124 (2016). Paralysis of the sciatic nerve is rated under Diagnostic Code 8520.”
04-31 184 (Board of Vet. App. 2018). “See 38 C.F.R. § 4.124 , DC 8045. The April 2010 VA examination report indicated that there was objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment.”
07-34 637 (Board of Vet. App. 2013). “In this case, the Veteran is currently assigned separate 10 percent evaluations for his peripheral neuropathy in each lower extremity pursuant to 38 C.F.R. § 4.124 (a), Diagnostic Code 8699-8620.”
11-25 792 (Board of Vet. App. 2014). “38 C.F.R. §§ 4.124 , 4.124a, DC 8714. After a review of all the lay and medical evidence of record, the Board finds that the Veteran's left wrist disability resulted in radial nerve involvement that more nearly approximates mild incomplete paralysis of the left (major) radial…”
09-32 677 (Board of Vet. App. 2014). “See note at "Diseases of the Peripheral Nerves" in 38 C.F.R. § 4.124 (a). The Board observes that the words "mild," "moderate" and "severe" as used in the various DCs are not defined in the VA Schedule for Rating Disabilities.”
10-22 748 (Board of Vet. App. 2014). “See note at "Diseases of the Peripheral Nerves" in 38 C.F.R. § 4.124 (a). Effective September 26, 2003, VA amended its Schedule for Rating Disabilities, 38 C.”
14-08 051 (Board of Vet. App. 2016). “Analysis -ilioinguinal neuropathy with complex regional pain syndrome Finally, the Veteran is in receipt of a separate 10 percent rating for ilioinguinal neuropathy with complex regional pain syndrome associated with post-surgical residuals of a bilateral hernia under 38 C.F.R.…”
08-37 028 (Board of Vet. App. 2016). “38 C.F.R. § 4.124 . The Rating Schedule further clarifies that "when the [neural] involvement is wholly sensory, the rating should be for mild, or at most, [ ] moderate" incomplete paralysis.”
11-04 992 (Board of Vet. App. 2016). “38 C.F.R. § 4.124 . As discussed below, Diagnostic Code 5228, thumb limitation of motion is also for consideration.”
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