The Board has vacated the portion of its October 14, 2020 decision that denied a disability rating in excess of 40 percent for the Veteran's service-connected type II diabetes mellitus with microalbuminuria. The decision is held in abeyance to allow submission of additional evidence.
The deciding factor: The Board found that the October 14, 2020 decision did not consider or rule on the Appellant’s request for an extension of time until January 5, 2021, which violated due process rights.
- Claimed conditions
- type II diabetes mellitus with microalbuminuria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2021
- Citation
- 21007799
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 21007799.
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 Veteran's claims for an increased rating for type II diabetes mellitus with microalbuminuria on an extraschedular basis and entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis due to functional limitations resulting from his service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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