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Whole decision: Denied

The Veteran's PTSD with major depressive disorder is rated at 70 percent, which is the maximum schedular rating available.,The Veteran's type II diabetes mellitus (DM2) with intertrigo and hypertension is currently rated at 20 percent. The evidence does not support a higher evaluation as it does not meet the criteria for a 60 percent or 100 percent rating.,The Veteran's bilateral hearing loss has been rated at 30 percent, which is the maximum schedular rating available prior to January 22, 2019. The evidence does not support an increase in this rating period.,The Veteran's peripheral neuritis of the left upper extremity (LUE) and right upper extremity (RUE) have both been rated at 30 percent, which is the maximum schedular rating available for these conditions.,SMC based on need for aid and attendance by another has not been granted.

The deciding factor: The Veteran's PTSD with major depressive disorder does not meet the criteria for a higher evaluation as it does not cause total impairment of social or occupational functioning. The symptoms are significant but do not reach the level required for a 100 percent rating.,The Veteran's type II diabetes mellitus (DM2) has been managed with restricted diet, insulin injections, and oral hypoglycemic agents without requiring regulation of activities. Therefore, it does not meet the criteria for a higher evaluation as per DC 7913.,Bilateral hearing loss is rated based on its severity, which has remained at 30 percent throughout the rating period. There is no evidence to support an increase in this rating period.,Peripheral neuritis of both upper extremities have been rated at 30 percent as they do not meet the criteria for a higher evaluation under DC 8613 due to their severity and frequency.,The Veteran does not meet the criteria for SMC based on need for aid and attendance by another.

Claimed conditions
PTSD with major depressive disorder, type II diabetes mellitus (DM2) with intertrigo and hypertension, bilateral hearing loss, peripheral neuritis of the left upper extremity (LUE), peripheral neuritis of the right upper extremity (RUE)
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
December 16, 2019
Citation
A19003607

Veterans Law Judge

Eric S. Leboff

Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation A19003607.

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).

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