The Veteran's service-connected diabetic nephropathy was rated at 60 percent from January 9, 2012 to November 3, 2020 and at 80 percent since November 4, 2020. The Veteran's right and left lower extremity peripheral neuropathy were each rated at 10 percent.,The Veteran's service-connected diabetic nephropathy was rated at 80 percent from January 9, 2012 to November 3, 2020 and at 100 percent since November 4, 2020. The Veteran's right and left lower extremity peripheral neuropathy were each rated at 10 percent.
The deciding factor: The medical evidence did not show that the Veteran required regular dialysis or had markedly decreased function of kidney or other organ systems, especially cardiovascular during this period.,The medical evidence showed that the Veteran's BUN was consistently above 80mg%, creatinine was consistently above 8mg%, and GFR was below 15 mL/min/1.73 m2, warranting a higher rating.
- Claimed conditions
- Diabetic Nephropathy, Right Lower Extremity Peripheral Neuropathy, Left Lower Extremity Peripheral Neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001640
Veterans Law Judge
Decisions by this judge: 964 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001640.
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.
- Granted
Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
- Granted
The Veteran's coronary artery disease is rated at 100 percent effective April 13, 2023.,The Veteran's other trauma and stressor related disorder is rated at 70 percent effective April 13, 2023.
- Denied
The Veteran's claims for increased ratings for Diabetes Mellitus Type II and Diabetic Nephropathy/Hypertension have been denied. The Board found that the evidence did not support higher disability ratings before or after the relevant dates.
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