The Veteran's claim for an initial rating higher than 20 percent for diabetes mellitus, type II was denied. The Board also found that the issue of entitlement to a total disability rating based on individual unemployability prior to February 9, 2015, due to service-connected disabilities, should be remanded as it does not meet the schedular criteria but may potentially qualify for extraschedular consideration.
The deciding factor: The Veteran's combined ratings do not meet the schedular criteria for a TDIU prior to February 9, 2015. However, VA must consider TDIU on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b).
- Claimed conditions
- Diabetes Mellitus (Type II), Right Upper Extremity Diabetic Neuropathy, Left Upper Extremity Diabetic Neuropathy, Low Back Strain, Right Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Left Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Right Lower Extremity Diabetic Peripheral Neuropathy (Femoral Nerve), Left Lower Extremity Diabetic Peripheral Neuropathy (Femoral Nerve), Coronary Artery Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 16, 2019
- Citation
- 19129016
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 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 Veteran's TDIU was granted effective March 2, 2018, due to his service-connected disabilities including PTSD and other conditions. The decision also noted that the Veteran is currently self-employed as a truck driver.
- Remanded (sent back)
The Board has remanded the claims of service connection for a heart disability and hypertension due to pre-decisional duty-to-assist errors. The AOJ is required to obtain addendum medical opinions regarding toxic exposure risk activities (TERA).
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Remanded (sent back)
The Board has remanded the claims for service connection due to pre-decisional error and insufficient medical opinions regarding the Veteran's heart condition, hypertension, and hearing loss/tinnitus.
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