The Board has remanded the Veteran's claims for a disability rating more than 20 percent for right lower extremity diabetic peripheral neuropathy prior to August 30, 2012; awarded a 40 percent rating for the right lower extremity diabetic peripheral neuropathy from August 30, 2012 and denied a rating more than 40 percent from that date; denied a rating more than 10 percent for left lower extremity diabetic peripheral neuropathy prior to January 23, 2012; and denied a rating more than 20 percent for left lower extremity diabetic peripheral neuropathy from January 23, 2012.
The deciding factor: The Board found that the May 2019 remand instructions regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups were not addressed by the September 2019 VA examiner. Therefore, the need for a new examination is required.
- Claimed conditions
- right lower extremity diabetic peripheral neuropathy, left lower extremity diabetic peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2023
- Citation
- 23065820
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 23065820.
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.
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- Granted
The Veteran's need for regular aid and assistance of another person due to service-connected disabilities has been established, allowing him to receive special monthly compensation at the aid and attendance rate.
- Granted
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- Dismissed
The Board dismissed the Veteran's appeal for service connection for hypertension. The claims of service connection for bilateral hearing loss, urinary issue, right hip arthritis, diabetes mellitus, and various types of neuropathy were denied. A TDIU was granted.
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