The Veteran's claim for an increased rating for diabetes mellitus was denied. The Board also found that the issue of TDIU prior to February 9, 2015, should be remanded as there is no schedular basis for a TDIU but VA must consider it on an extraschedular basis.
The deciding factor: The Veteran's combined ratings do not meet the criteria for entitlement to a TDIU based on the schedular rating system. However, due to his service-connected disabilities and their impact on his ability to work, VA is required to consider this issue on an extraschedular basis under 38 C.F.R. § 4.16(b).
- Claimed conditions
- {"condition_name":"Diabetes Mellitus (DM)"}, {"condition_name":"Right Upper Extremity Diabetic Neuropathy"}, {"condition_name":"Left Upper Extremity Diabetic Neuropathy"}, {"condition_name":"Low Back Strain"}, {"condition_name":"Right Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve)"}, {"condition_name":"Left Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve)"}, {"condition_name":"Right Lower Extremity Diabetic Peripheral Neuropathy (Femoral Nerve)"}, {"condition_name":"Left Lower Extremity Diabetic Peripheral Neuropathy (Femoral Nerve)"}, {"condition_name":"Coronary Artery Disease"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 16, 2019
- Citation
- 19129016
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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