The Veteran's appeal for service connection for diabetes mellitus was granted. The appeals for higher ratings for the low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were denied. TDIU was granted prior to October 1, 2018, but denied since that date. Basic eligibility to DEA benefits was granted effective March 18, 2016.
The deciding factor: The evidence is in relative equipoise as to whether the Veteran's diabetes mellitus is etiologically related to his active duty service, and thus service connection is warranted under a direct service connection theory. The low back disability has not been manifested by forward flexion of the lumbar spine limited to 30 degrees or less; ankylosis (favorable or unfavorable) of the entire thoracolumbar spine or entire spine; or incapacitating episodes within the appellate period, and thus a higher rating is denied. The radiculopathy in both lower extremities has been most closely approximated by moderate incomplete paralysis of the sciatic nerve during the appellate period, and thus a higher rating is denied.
- Claimed conditions
- diabetes mellitus, low back disability (mechanical low back pain with degenerative changes), left lower extremity radiculopathy, right lower extremity radiculopathy, rosacea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004480
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
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