The appeal for a higher rating of DMII is dismissed. The appeals for initial ratings in excess of 20 percent for peripheral neuropathy of the left and right lower extremities are remanded. The TDIU issue is also remanded.
The deciding factor: The Veteran's attorney requested to withdraw the appeal seeking an increased rating for DMII, which was granted by the Board.
- Claimed conditions
- diabetes mellitus, type II (DMII), peripheral neuropathy of the left lower extremity (LLE), peripheral neuropathy of the right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2024
- Citation
- 24017602
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 24017602.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for diabetes mellitus, type II (DMII), as secondary to a service-connected disability. The decision resolves reasonable doubt in favor of the Veteran and finds that his obesity is due, at least in part, to his service-connected musculoskeletal disability.
- Granted
The Veteran's service connection claims for DMII, bilateral lower extremity diabetic peripheral neuropathy, and bowel resection are granted. The claim for OSA is denied.
- Denied
The Board has denied the Veteran's claims for service connection for diabetes mellitus, type II (DMII) with bilateral lower extremity neuropathy and hypertension due to a lack of evidence linking these conditions to his active duty service. The Board found that there was no exposure to herbicide agents during service and that the Veteran did not have any in-service onset or relationship between his current conditions and his military service.
- Remanded (sent back)
The Board has dismissed the appeals for increased evaluations of hypertension and tinnitus. The appeal for service connection for DMII is remanded due to a duty-to-assist error.
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