The Veteran's reduction of a 40 percent rating for diabetes mellitus (DM) was improper, and the restoration of the 40 percent rating is granted. The Board also found that the Veteran warrants a total disability based upon individual unemployability (TDIU).
The deciding factor: The VA reduced the Veteran's 40 percent rating to 20 percent without considering pertinent law and regulations, leading to an improper reduction. The Board determined that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- diabetic nephropathy, peripheral neuropathy, left lower extremity, peripheral neuropathy, right lower extremity, left leg femoral nerve neuropathy, right leg femoral nerve neuropathy, diabetes mellitus, type II, hypertension, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 15, 2020
- Citation
- 20034297
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 20034297.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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