The Veteran's diabetes mellitus has not required one or more daily injections of insulin, restricted diet, and regulation of activities to warrant a higher initial rating.,The Veteran's bilateral tinea pedis is currently rated as 0 percent due to the absence of systemic therapy. Further examination is needed to determine if his current treatment qualifies as such.,The Veteran's chloracne has not been found to cause deep acne other than on the face and neck, warranting a compensable rating.,For the left lower extremity, sciatic nerve, the Veteran's peripheral neuropathy was rated at 10 percent prior to August 4, 2022; and in excess of 20 percent since that date. Further examination is needed to determine if this rating should be changed.,For the right lower extremity, sciatic nerve, the Veteran's peripheral neuropathy was also rated at 10 percent prior to August 4, 2022; and in excess of 20 percent since that date. Further examination is needed to determine if this rating should be changed.,The Veteran's left lower extremity, femoral nerve, peripheral neuropathy has been rated at 10 percent. Further examination is needed to determine if a higher rating is warranted.,For the right lower extremity, femoral nerve, the Veteran's peripheral neuropathy was also rated at 10 percent. Further examination is needed to determine if a higher rating is warranted.
The deciding factor: The criteria for a higher initial rating have not been met as the Veteran's diabetes mellitus has only required restricted diet and one daily injection of insulin, without requiring regulation of activities.,Further examination is needed to determine if the Veteran's current treatment qualifies as systemic therapy that could warrant a compensable rating for his tinea pedis.,The Veteran's chloracne does not meet the criteria for deep acne other than on the face and neck, which would warrant a higher initial rating.,For the left lower extremity, sciatic nerve, further examination is needed to determine if the current 10 percent rating should be changed based on whether it warrants an increased rating due to more severe symptoms or changes in activity regulation.,For the right lower extremity, sciatic nerve, further examination is needed to determine if the current 10 percent rating should be changed based on whether it warrants an increased rating due to more severe symptoms or changes in activity regulation.,Further examination is needed for the left lower extremity, femoral nerve, peripheral neuropathy to determine if a higher initial rating is warranted.,For the right lower extremity, femoral nerve, further examination is needed to determine if a higher initial rating is warranted.
- Claimed conditions
- Type 2 diabetes mellitus, Bilateral tinea pedis, Chloracne, Peripheral neuropathy, left lower extremity, sciatic nerve, Peripheral neuropathy, right lower extremity, sciatic nerve, Peripheral neuropathy, left lower extremity, femoral nerve, Peripheral neuropathy, right lower extremity, femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2023
- Citation
- 23009729
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 23009729.
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.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
Service connection for GERD is granted and a 10% rating for hypertension is granted.,Disfiguring scars of the face secondary to chloracne are granted with a 30% rating from August 6, 2020. A separate 20% rating for painful scars of the face secondary to chloracne is granted. From June 19, 2025, a higher rating for disfiguring scars of the face and painful scars of the right groin secondary to chloracne are denied.,An increased 20% rating for chloracne is granted.
- Granted
The Board vacates the September 2022 decision denying service connection for type 2 diabetes mellitus due to the passage of the PACT Act, which expanded presumptive exposure to herbicides. The Veteran's service was not found to be in offshore Vietnam or any other location where herbicide exposure is presumed. As a result, his claim for service connection cannot be substantiated.
- Denied
The Veteran's death was not caused by a disability incurred in or aggravated during his military service, and the Board denied entitlement to service connection for the cause of death.
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