The Board remands the issues of entitlement to initial ratings in excess of 30 percent for right upper extremity diabetic peripheral neuropathy, in excess of 20 percent for left upper extremity diabetic peripheral neuropathy, and in excess of 20 percent for right lower extremity sciatic nerve diabetic peripheral neuropathy; a compensable rating prior to July 9, 2021, and a rating in excess of 10 percent from that date for right lower extremity femoral nerve diabetic peripheral neuropathy; an initial rating in excess of 10 percent for left lower extremity sciatic nerve diabetic peripheral neuropathy; and a compensable rating prior to July 9, 2021, and a rating in excess of 10 percent from that date for left lower extremity femoral nerve diabetic peripheral neuropathy.
The deciding factor: The remand is necessary due to the need for further development of evidence related to the severity of the Veteran's service-connected diabetic peripheral neuropathies.
- Claimed conditions
- right upper extremity diabetic peripheral neuropathy affecting the median nerve, left upper extremity diabetic peripheral neuropathy affecting the median, radial, and ulnar nerves, right lower extremity sciatic nerve diabetic peripheral neuropathy, right lower extremity femoral nerve diabetic peripheral neuropathy, left lower extremity sciatic nerve diabetic peripheral neuropathy, left lower extremity femoral nerve diabetic peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004551
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.
- Partly granted
The Board denied increased ratings for various diabetic peripheral neuropathies and nephropathy, but granted a 40% rating for right and left lower extremity sciatic nerve diabetic peripheral neuropathy. The effective date for the grant of service connection was also denied.
- Granted
The Board granted an initial evaluation of 40 percent for left and right lower extremity sciatic nerve diabetic peripheral neuropathy, finding the Veteran's symptoms more closely approximated moderately severe incomplete paralysis.
- Granted
The Board granted an initial 20 percent disability rating for each of the Veteran's right and left lower extremity sciatic and femoral nerve diabetic peripheral neuropathies.
- Granted
The veteran is granted a 30% rating for both left and right lower extremity femoral nerve diabetic peripheral neuropathy.
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