The Veteran's prostate cancer and diabetic peripheral neuropathy of the bilateral lower extremities had their ratings reduced, but these reductions are considered improper due to procedural errors. The issues have been remanded for further review.
The deciding factor: The reduction in rating was not carried out according to VA procedures, which is a requirement before reducing disability ratings.
- Claimed conditions
- Prostate cancer with erectile dysfunction and urinary incontinence, Diabetic peripheral neuropathy of the left lower extremity, Diabetic peripheral neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132491
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 initial evaluations of 20 percent for diabetic peripheral neuropathy of the right and left lower extremities, based on moderate incomplete paralysis of the sciatic nerve.
- Partly granted
The Veteran is granted an effective date of May 13, 2019, for the award of special monthly compensation (SMC) and a certificate of eligibility for assistance in acquiring specially adapted housing.
- Granted
The Board granted service connection for diabetes mellitus, type II, as secondary to obstructive sleep apnea and diabetic peripheral neuropathy of the upper and lower extremities, all as secondary to diabetes mellitus, type II.
- Remanded (sent back)
The Board remands the claims for increased ratings for diabetic peripheral neuropathy of the bilateral lower extremities due to non-compliance with previous remand directives.
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