The Veteran's liver disability is granted as secondary to his service-connected diabetes mellitus, type II.,Earlier effective dates are granted for the awards of service connection for right and left lower extremity diabetic peripheral neuropathy.,An initial disability rating in excess of 20 percent for diabetes mellitus, type II is denied.
The deciding factor: The evidence is at least in equipoise concerning whether the Veteran's liver disability is proximately due to his service-connected diabetes mellitus, type II. The May 2019 VA examiner determined that it is at least as likely as not that the Veteran's non-alcoholic fatty liver (NAFL) is proximately due to or the result of his service-connected diabetes mellitus, type II.,The evidence shows diabetic peripheral neuropathy in both lower extremities prior to April 28, 2016. The effective date for these benefits is set at this date as it is the latter between the date of the diabetes claim and the date entitlement arose.,The Veteran's diabetes requires a restricted diet but does not require insulin or regulation of activities.
- Claimed conditions
- Liver disability, Diabetes mellitus, type II, Right lower extremity diabetic peripheral neuropathy (sciatic nerve), Left lower extremity diabetic peripheral neuropathy (sciatic nerve), Left lower extremity diabetic peripheral neuropathy (femoral nerve)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 15, 2022
- Citation
- 22040586
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 22040586.
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 Veteran's liver disability has not resulted in any compensable symptoms, as he had a previous history of liver disease but is currently asymptomatic.,The Veteran's left ear hearing loss has been rated at noncompensable level due to the absence of more than Level I hearing acuity.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically regarding the lack of development related to Agent Orange exposure and solvent/asbestos exposure.
- Granted
The Board has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Denied
The Board denied an earlier effective date for DIC benefits, finding that the Appellant's claim was not properly reopened and that the earliest available effective date is June 14, 2021.
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