The Board has reopened the claim for service connection of Type II Diabetes Mellitus due to new and material evidence. The Veteran's combined rating for his bilateral knee conditions was reduced from 100% to 90%, but this reduction is considered proper as it followed a clear error in calculation. Other issues related to service connection are remanded.
The deciding factor: The Board found that the reduction of the combined rating for the residuals of bilateral total knee replacements and bilateral knee scars was proper due to an administrative error in calculation, which resulted in a clear and unmistakable error (CUE).
- Claimed conditions
- Type II Diabetes Mellitus, Right Total Knee Replacement, Left Total Knee Replacement, Bilateral Scars of Anterior Knees, Residual Scar of Left Knee, Residual Scar of Right Knee
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128369
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.
- Denied
The Board denied the veteran's claims for increased ratings for type II diabetes mellitus, diabetic peripheral neuropathy of the right lower extremity, and diabetic peripheral neuropathy of the left lower extremity.
- Remanded (sent back)
The Board remands the claims for service connection due to new and relevant evidence having been received since a previous denial.
- Granted
The Veteran is granted special monthly compensation (SMC) based on a need for aid and attendance due to service-connected disabilities, which includes PTSD, diabetes, hearing loss, and other conditions.
- Denied
The Board denied service connection for insomnia and denied initial ratings in excess of 20 percent for Type II diabetes mellitus, 10 percent for right lower extremity sciatic nerve diabetic peripheral neuropathy, and 10 percent for left lower extremity sciatic nerve diabetic peripheral neuropathy. The lumbosacral strain claim was remanded.
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