Banschbach v. McDonough, Case Number 22-6609, decided July 26, 2024 is a decision by the Veterans Court regarding different and separate nerve ratings.
The veteran is service connected for paralysis of the ilio-inguinal nerve under diagnostic code 8530 as a residual of his in-service hernia repair. The appeal concerned the Board’s failure to address reasonably raised issues of separate ratings for neuritis of his left ilio-inguinal nerve under diagnostic code 8630 and for neuralgia of his left ilio-inguinal nerve under diagnostic code 8730. The VA argued the paralysis rating encompassed neuritis and neuralgia symptoms, so separate ratings for all three conditions are prohibited by the rule against pyramiding.
The Court determined “the relevant diagnostic codes should not be read to prohibit separate ratings for paralysis, neuralgia, and neuritis,” and determined as a result that “it is premature to consider what role, if any, the rule against pyramiding may play in this case” because the record raised the issue. Id. at *2.
The Court found it “discern[ed] nothing in the rating schedule or related regulations that prohibits consideration of separate ratings for neuritis or neuralgia of a peripheral nerve when a veteran is rated for paralysis of the same nerve under § 4.124a. If VA wishes that to be the case, it has regulatory power at its disposal to enact such a change.” Id. at *8.
This case has important implications and raises the possibility of multiple ratings for paralysis, neuritis and neuralgia that could lead to real benefits for veterans.
Decision by Judge Toth and joined in by Judges Pietsch and Falvey.
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