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Denied

The Veteran's initial rating for diabetic nephropathy with hypertension was denied as the condition did not meet the criteria for a higher initial disability rating.,The Veteran's increased rating for diabetes mellitus type II was denied because management of the condition required only insulin and/or an oral hypoglycemic agent and a restricted diet, which is consistent with the 20 percent rating criteria under Diagnostic Code 7913.,The Veteran's increased rating for left upper extremity peripheral neuropathy (from April 23, 2018 forward) was granted as it manifested in moderate incomplete paralysis of all radicular nerve groups without severe incomplete paralysis of all radicular nerve groups.,The Veteran's increased rating for right lower extremity and left lower extremity peripheral neuropathy were denied due to the lack of evidence showing moderately severe incomplete paralysis of the sciatic nerve.,TDIU was granted as the Veteran has been unable to maintain substantially gainful employment due to service-connected disabilities.

The deciding factor: The criteria for a higher initial disability rating in excess of 60 percent for diabetic nephropathy were not met because the condition did not manifest persistent edema and albuminuria with BUN 40 mg% or greater; creatinine 4 mg% or greater, or generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion.,The criteria for a higher disability rating in excess of 20 percent for diabetes mellitus type II were not met because management of the condition required only insulin and/or an oral hypoglycemic agent and a restricted diet, which is consistent with the 20 percent rating criteria under Diagnostic Code 7913.,The criteria for an increased disability rating in excess of 20 percent for left upper extremity peripheral neuropathy (from April 23, 2018 forward) were met as it manifested in moderate incomplete paralysis of all radicular nerve groups without severe incomplete paralysis of all radicular nerve groups.,The criteria for an increased disability rating in excess of 10 percent for right lower extremity and left lower extremity peripheral neuropathy were not met due to the lack of evidence showing moderately severe incomplete paralysis of the sciatic nerve.,TDIU was granted as the Veteran has been unable to maintain substantially gainful employment due to service-connected disabilities.

Claimed conditions
diabetic nephropathy with hypertension, diabetes mellitus type II, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
60%
Decision date
May 30, 2019
Citation
19141049

Veterans Law Judge

J. PARKER

Decisions by this judge: 2,200 · Granted: 43% (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 19141049.

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