The appeal is being remanded for additional VA examination to accurately determine the current nature and severity of the Veteran's diabetes mellitus and peripheral neuropathy.
The deciding factor: The Board determined that a more thorough evaluation was necessary due to the Veteran's failure to report for an initial scheduled examination, and to ensure accurate assessment of his conditions.
- Claimed conditions
- Diabetes mellitus with bilateral upper extremity peripheral neuropathy, Right lower extremity peripheral neuropathy, Left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910591
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (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 0910591.
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.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to duty-to-assist errors prior to the rating decision on review. The effective date for TDIU is set at January 31, 2021, based on the last day of employment. However, the RO needs to obtain SSA records regarding earnings from July 2020 to January 31, 2021, to determine if the Veteran's employment was marginal.
- Granted
The rating reduction from 20 percent to 10 percent for the service-connected right lower extremity peripheral neuropathy was improper, and restoration of the 20 percent rating is granted. The Veteran's claim for an increased rating for the right lower extremity peripheral neuropathy is denied.
- Granted
The Veteran's disability ratings for right and left upper extremity peripheral neuropathy, as well as right and left lower extremity peripheral neuropathy, were restored to their previous levels of 70%, 60%, 30%, and 30% respectively, effective from February 12, 2025.
- Denied
The Veteran's service-connected right and left lower extremity peripheral neuropathy are rated at 10 percent each. The Board denied entitlement to an initial rating in excess of 10 percent for both conditions.
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