Anterior Tibial (Deep Peroneal) Nerve Neuritis — VA Disability Rating (DC 8623)
Diagnostic Code 8623 · 38 CFR §4.123
What Is It?
Neuritis of the anterior tibial (deep peroneal) nerve (DC 8623) refers to inflammation of this nerve, causing pain, tenderness, and impaired function along its distribution. The anterior tibial nerve, also called the deep peroneal nerve, controls dorsiflexion of the foot and toes. Damage causes difficulty lifting the foot during walking, leading to a steppage gait. Under 38 CFR §4.123, neuritis characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is rated on the scale provided for injury of the nerve involved — here DC 8523 — with a maximum equal to severe incomplete paralysis. Neuritis without those organic changes is capped at moderate incomplete paralysis. DC 8523 prints incomplete paralysis as severe 20, moderate 10, and mild 0 percent. That puts DC 8623 at 0, 10, and 20 percent.
Rating Criteria
| Rating | Criteria |
|---|---|
| 20% | Severe incomplete paralysis level of DC 8523. Severe is the neuritis maximum under §4.123, and it applies only to neuritis with the organic changes that section describes (loss of reflexes, muscle atrophy, sensory disturbances, and constant pain). |
| 10% | Moderate incomplete paralysis level of DC 8523. Moderate is the most §4.123 allows for neuritis without those organic changes. |
| 0% | Mild incomplete paralysis level of DC 8523. |
Evidence Needed
- Medical records documenting nerve inflammation and its connection to military service
- Electromyography (EMG) and nerve conduction studies showing nerve dysfunction
- Clinical findings of reflex changes, sensory disturbances, or muscle atrophy
- Treatment records showing ongoing management with anti-inflammatory or neuropathic pain medications
- If claiming secondary to another condition, a medical nexus opinion linking the neuritis to your service-connected disability
C&P Exam Tips
- Describe pain patterns honestly — note whether pain is constant or intermittent and its severity
- Point out any muscle wasting or tenderness along the lower leg to the examiner
- Mention all medications you take for the condition and their effectiveness
- Explain how the condition affects your daily activities on your worst days
- Do not minimize symptoms during strength or sensory testing
How to File
File under DC 8623 on VA Form 21-526EZ. If claiming as secondary to a service-connected condition, clearly identify the primary disability and explain how it caused nerve inflammation. Include EMG or nerve conduction study results if available. VA rates neuritis on the DC 8523 scale, up to the severe incomplete paralysis level (20 percent) when the organic changes in §4.123 are present, so make sure your medical evidence documents reflexes, muscle bulk, sensation, and pain.
Common Mistakes
Veterans often fail to distinguish neuritis from general pain, missing the opportunity for a separate rating. Another common error is not obtaining nerve conduction studies that document inflammatory changes. Some veterans accept a lower rating by not reporting the full impact of constant pain and sensory disturbance on daily function. Make sure your records specify neuritis of the anterior tibial (deep peroneal) nerve rather than a vague peripheral neuropathy diagnosis.
Frequently Asked Questions
What is the difference between DC 8523 and DC 8623?
DC 8523 covers paralysis (motor and sensory loss) of the anterior tibial (deep peroneal) nerve, while DC 8623 covers neuritis (inflammation) of the same nerve. Neuritis is rated on the DC 8523 scale with a maximum equal to severe incomplete paralysis; without the organic changes §4.123 lists (loss of reflexes, muscle atrophy, sensory disturbances, constant pain), the maximum is moderate incomplete paralysis.
Can I receive ratings for both paralysis and neuritis of the same nerve?
Generally not. 38 CFR §4.14 says the evaluation of the same disability under various diagnoses is to be avoided, and paralysis and neuritis of one nerve are rated on the same DC 8523 scale. Expect one rating, under whichever code best describes your condition.