The veteran's service-connected diabetic peripheral neuropathy of the lower extremities has been rated based on its severity. Prior to July 13, 2005, a rating in excess of 10 percent was not warranted for either lower extremity. From July 13, 2005, a higher rating than 30 percent is also not supported by the evidence. The veteran's TDIU claim has been granted.
The deciding factor: The medical evidence does not demonstrate moderate incomplete paralysis of the external popliteal nerves in either lower extremity from July 13, 2005 onwards, which would be required for a higher rating than 30 percent under Diagnostic Code 8521.
- Claimed conditions
- Diabetic Peripheral Neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 14, 2008
- Citation
- 0823091
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. Search VA.gov for the original decision (opens in a new tab) using citation 0823091.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for SMC at the (r-1) level is granted due to his service-connected PTSD and diabetic peripheral neuropathy, as he requires regular aid and attendance.
- Whole decision: Granted
The Veteran is granted an earlier effective date of September 3, 2020 for individual unemployability (TDIU) due to his service-connected disabilities.
- Whole decision: Granted
The Veteran's service-connected bilateral diabetic peripheral neuropathy, based on impairment of the sciatic nerve, is granted a disability rating of 40 percent effective from September 8, 2022. The femoral nerve condition has not been rated as it was not addressed in this decision.
- Whole decision: Granted
The Board has granted effective dates of August 28, 2006 for the award of service connection for diabetic peripheral neuropathy of both lower extremities. The decision is based on evidence that was not previously considered due to misfiled documents and lay statements.
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