The Veteran's prostate cancer residuals are rated at 40 percent, which is the maximum rating available under DC 7528.,The Veteran's DM2 is currently rated at 20 percent and does not meet the criteria for a higher rating based on diabetes requiring one or more daily injections of insulin and restricted diet, or an oral hypoglycemic agent and restricted diet (40 percent).,For diabetic peripheral neuropathy of the right lower extremity, the Veteran is rated at 20 percent prior to July 18, 2023, and 20 percent thereafter. The evidence does not support a higher rating based on moderate incomplete paralysis.,For diabetic peripheral neuropathy of the left lower extremity, the Veteran is also rated at 20 percent prior to July 18, 2023, and 20 percent thereafter. The evidence does not support a higher rating based on moderate incomplete paralysis.
The deciding factor: The Veteran's prostate cancer residuals do not meet the criteria for a higher rating as they did not require use of an appliance or absorbent materials.,The Veteran's DM2 is manageable by restricted diet only, and does not require daily insulin injections or regulation of activities. The evidence does not support a higher rating based on diabetes requiring one or more daily injections of insulin and regulated activities.,For the right lower extremity diabetic peripheral neuropathy, the evidence did not show moderate incomplete paralysis as defined in DC 8520 (moderate intermittent pain, paresthesias and/or dysesthesias).,For the left lower extremity diabetic peripheral neuropathy, the evidence also did not show moderate incomplete paralysis as defined in DC 8520 (moderate intermittent pain, paresthesias and/or dysesthesias).
- Claimed conditions
- Prostate Cancer, Diabetes Mellitus, Type II (DM2), Diabetic Peripheral Neuropathy of the Right Lower Extremity, Diabetic Peripheral Neuropathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2023
- Citation
- 23056683
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. Read the original VA decision (opens in a new tab) using citation 23056683.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran is granted SMC at the rate of 50% for his service-connected conditions from April 20, 2020 to June 7, 2021.
- Whole decision: Granted
The Veteran's hypertension and prostate cancer residuals (voiding dysfunction) have been granted increased ratings of 10 percent and 20 percent, respectively.
- Whole decision: Denied
The Veteran's appeal for an increased evaluation of his depressive disorder and entitlement to a total disability rating based on individual unemployability (TDIU) is denied as the November 2024 rating decision was not adjudicating previously pursued claims.
- Whole decision: Granted
The Veteran's urinary sphincter dysfunction is restored to a 40 percent rating effective February 1, 2025. A higher rating for the condition beginning July 12, 2023, is denied.
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