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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23056683.
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