The Board has determined that the Veteran's left leg amputation and bilateral hearing loss disability are not related to his service-connected diabetes mellitus. The right second toe amputation, removal of infestation area left lower extremity, and rating in excess of 20 percent for diabetes mellitus type II issues have been remanded due to insufficient evidence.
The deciding factor: The medical evidence does not support a finding that the Veteran's left leg amputation or bilateral hearing loss disability are related to his service-connected diabetes mellitus. The right second toe amputation and removal of infestation area left lower extremity were not addressed in detail regarding aggravation, and there is insufficient information about the severity of the Veteran's diabetes mellitus.
- Claimed conditions
- Left leg amputation, Bilateral hearing loss disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2019
- Citation
- 19117168
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (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 19117168.
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.
- Granted
The Board has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
- Dismissed
The Veteran's appeals have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are moot.
- Denied
The Veteran's claims for an earlier effective date, a compensable rating for bilateral hearing loss disability, and increased ratings for hypertension and an acquired psychiatric disorder have all been denied. The Board found that the evidence did not support an earlier effective date due to lack of intent or claim filing prior to July 14, 2022. For the other claims, the evidence did not meet the criteria for a compensable rating for bilateral hearing loss disability and for increased ratings for hypertension and an acquired psychiatric disorder.
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