The Board found that the reduction in rating from 40 percent to 20 percent for diabetes mellitus type II was improper and restored the 40 percent rating effective December 1, 2016.
The deciding factor: The reduction did not properly apply the provisions of 38 C.F.R. § 3.344, which requires that a rating reduction be based on thorough examination and evidence showing material improvement in the disability that is reasonably certain to be maintained under ordinary conditions of life.
- Claimed conditions
- Diabetes Mellitus Type II with Erectile Dysfunction, Posttraumatic Stress Disorder (PTSD), Diabetic Retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2021
- Citation
- 21061397
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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