The veteran is seeking restoration of service connection for a fungus infection involving his feet and initial (compensable) evaluations for his service-connected peripheral neuropathies of the right and left lower extremities, which he contends are more disabling than currently evaluated.
The deciding factor: The VA examiner concluded that the veteran's fungal infection of the feet was not caused by diabetes but did not specifically rule out aggravation as set forth in Allen v. Brown (1995).
- Claimed conditions
- fungus infection of the feet, peripheral neuropathy, left lower extremity associated with diabetes mellitus, peripheral neuropathy, right lower extremity associated with diabetes mellitus
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2005
- Citation
- 0501091
Veterans Law Judge
Decisions by this judge: 541 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0501091.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's fungal infection of the feet and groin is rated at 10 percent from October 5, 2012.
- Denied
The Veteran's claim for service connection for diabetes mellitus, type II was denied as there is no current diagnosis of the condition. The Veteran's claim for special monthly compensation based on need for aid and attendance due to his service-connected disabilities was granted.
- Granted
The Veteran is prevented from obtaining and maintaining substantially gainful employment due to his service-connected disabilities, including PTSD, diabetes mellitus with erectile dysfunction, peripheral neuropathy of both upper and lower extremities, and tinnitus. The Board finds that the Veteran's conditions prevent him from securing or following a substantially gainful occupation.
- Granted
The Veteran's service-connected disabilities cause the need for aid and attendance, which has been granted.
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