The Veteran's claim for an increased rating in excess of 10 percent for non-proliferative diabetic retinopathy affecting the eyes is denied as a matter of law due to his failure to report for scheduled VA examinations without good cause.
The deciding factor: The Veteran failed to report for three consecutive VA examinations without providing adequate reason or good cause, leading to the denial of the claim under 38 C.F.R. § 3.655.
- Claimed conditions
- non-proliferative diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 28, 2012
- Citation
- 1234127
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. Read the original VA decision (opens in a new tab) using citation 1234127.
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: Remanded (sent back)
The Board has determined that the Veteran's vision impairment is related to his active service and remands the case for further development, including obtaining an opinion on whether any of his diagnosed eye conditions had their onset during service or are otherwise causally related.
- Whole decision: Denied
The Board denied an increased rating for diabetes mellitus type II with erectile dysfunction, non-proliferative diabetic retinopathy and hypertension as the Veteran's DMII did not require regulation of activities.
- Whole decision: Granted
The Veteran's disability rating for diabetes mellitus, with erectile dysfunction and non-proliferative diabetic retinopathy, was restored to 40 percent effective March 1, 2014.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of service connection, initial ratings for neuropathy and retinopathy/cataracts, as well as a TDIU claim. The low back disability is denied due to lack of evidence linking it to service or any diagnosed condition. Initial ratings for lower extremity neuropathies are also denied. Separate compensable ratings for non-proliferative diabetic retinopathy and bilateral cataracts are not warranted.
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