The Veteran's hypertension is denied as there is no evidence showing it began during service or is related to an in-service injury.,The Veteran's residuals of a traumatic brain injury (TBI) with memory loss are denied due to lack of evidence of a current disability.,The Veteran's diabetes mellitus, type II with erectile dysfunction is rated at 20 percent and not entitled to higher ratings as the criteria for a higher rating do not meet the requirements of the next higher rating level.,The Veteran's peripheral neuropathy of the left upper extremity is rated at 30 percent and not entitled to higher ratings due to lack of evidence showing it meets the criteria for a higher rating.,The Veteran's peripheral neuropathy of the right upper extremity is rated at 30 percent and not entitled to higher ratings as there is no evidence showing it meets the criteria for a higher rating.,The Veteran's peripheral neuropathy of the right lower extremity, sciatic nerve is rated at 20 percent and not entitled to higher ratings due to lack of evidence showing it meets the criteria for a higher rating.,The Veteran's peripheral neuropathy of the left lower extremity, femoral nerve is rated at 20 percent and not entitled to higher ratings as there is no evidence showing it meets the criteria for a higher rating.,The Veteran's peripheral neuropathy of the left lower extremity, sciatic nerve is rated at 10 percent and not entitled to higher ratings due to lack of evidence showing it meets the criteria for a higher rating.
The deciding factor: The preponderance of the evidence does not support finding that any of the Veteran's conditions are related to service or meet the requirements for a higher disability rating.
- Claimed conditions
- hypertension, residuals of a traumatic brain injury (TBI) with memory loss, diabetes mellitus, type II with erectile dysfunction, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the right lower extremity, sciatic nerve, peripheral neuropathy of the left lower extremity, femoral nerve, peripheral neuropathy of the left lower extremity, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2019
- Citation
- 19146757
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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