The Board has restored the Veteran's 40 percent evaluation for diabetes mellitus with retinopathy, effective May 1, 2008. The reduction from 40 to 20 percent was found to be void ab initio due to lack of sustained improvement in the disability.
The deciding factor: The evidence did not establish sustained improvement that was reasonably certain to be maintained under ordinary conditions of life.
- Claimed conditions
- diabetes mellitus with retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 20, 2009
- Citation
- 0939764
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 0939764.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for right foot Charcot disease and diabetes mellitus with retinopathy due to a lack of TERA medical opinion regarding potential exposure to toxic substances in service.
- Granted
The Veteran's service-connected disabilities, including diabetic nephropathy, PTSD, diabetes mellitus with retinopathy, cervical sprain, tinnitus, right and left knee degenerative joint disease, pes planus, and left eardrum surgery residuals, preclude him from engaging in gainful employment consistent with his education and experience. The Board has granted a TDIU based on the combined rating of 90 percent.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation since March 7, 2013. The Board granted the TDIU on an extraschedular basis effective from that date.
- Remanded (sent back)
The Board has determined that service connection is not granted for respiratory disorder, diabetes mellitus with retinopathy, and Charcot disease of the right foot. The claims are being remanded due to insufficient evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.