The Board denied the veteran's claims for higher initial ratings for his service-connected bilateral lower extremity diabetic neuropathy, finding that the evidence did not support a rating in excess of 40 percent or 30 percent for either condition.
The deciding factor: The June 2017 and January 2022 VA examiners characterized the Veteran's diabetic neuropathy as involving 'moderately severe' incomplete paralysis, which corresponds to a 40 percent rating under Diagnostic Code 8520. The evidence did not show symptoms of complete paralysis or severe incomplete paralysis that would warrant higher ratings.
- Claimed conditions
- right lower extremity diabetic neuropathy, sciatic nerve, left lower extremity diabetic neuropathy, sciatic nerve, right lower extremity diabetic neuropathy, femoral nerve, left lower extremity diabetic neuropathy, femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001635
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for diabetes, obstructive sleep apnea, right lower extremity diabetic neuropathy, and left lower extremity diabetic neuropathy as secondary to the Veteran's service-connected conditions.
- Remanded (sent back)
The Board remands the claims for an evaluation more than 10 percent for right and left lower extremity diabetic neuropathy to obtain a retrospective VA medical opinion regarding the ameliorative effects of medication.
- Partly granted
The Board granted an effective date of December 8, 2017, for the grant of service connection for rhinitis but denied initial compensable ratings and higher ratings for other conditions.
- Partly granted
The Veteran's appeal for service connection for tinnitus was granted, while the appeals for diabetes mellitus type II and lower extremity diabetic neuropathy were withdrawn. The claim for a low back disorder is remanded due to an inadequate VA examination.
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