Gilbert Duran, a Vietnam veteran service-connected for Parkinson’s disease, challenged VA’s rating methodology after the Board replaced his DC 8004 minimum 30% Parkinson’s rating with separate compensable ratings for several manifestations under other diagnostic codes. The Board reasoned that once separate ratings exceeded 30%, the minimum Parkinson’s rating could be discontinued. The Court rejected that interpretation, holding that the regulation’s text, structure, and rating-scheme context require the minimum 30% rating to remain when there are additional ascertainable Parkinson’s manifestations that are not otherwise compensable under the schedule. The Court emphasized that the rating scheme aims to avoid both undercompensation and pyramiding, and that VA’s approach would leave remaining manifestations uncompensated. The Court reversed the discontinuance of the Parkinson’s minimum rating and remanded for further proceedings. The Court also vacated and remanded the PTSD rating portion because the Board failed to address certain symptoms documented in lay and medical evidence.

Under 38 C.F.R. § 4.124a, DC 8004, separate compensable ratings for some Parkinson’s manifestations do not replace the minimum 30% rating when other ascertainable manifestations of Parkinson’s disease remain uncompensated.

VA cannot trade away DC 8004’s minimum Parkinson’s rating simply because some manifestations are rated elsewhere if other ascertainable manifestations are still left without compensation.

This is an important Parkinson’s rating case because it clarifies that VA must account for both separately compensable manifestations and the residual minimum rating where noncompensable manifestations remain. It gives advocates a strong basis to challenge rating reductions or substitutions that undercount progressive Parkinson’s symptoms.

Replacing the DC 8004 minimum rating with separate ratings for only some manifestations while leaving other ascertainable manifestations uncompensated.

A veteran with service-connected Parkinson’s receives separate ratings for upper-extremity tremor and gait impairment, but also has constipation and speech problems that do not meet separate compensable criteria. VA may not discontinue the DC 8004 minimum 30% rating just because the separate ratings total more than 30%.

Use this case to argue that Parkinson’s manifestations rated under other diagnostic codes may be combined with the DC 8004 minimum when remaining manifestations are ascertainable but noncompensable. It is especially useful when VA attempts to substitute partial separate ratings for the minimum Parkinson’s evaluation.

Lyles v. Shulkin, Amberman v. Shinseki, Kisor v. Wilkie, Brown v. Gardner, Tropf v. Nicholson