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Denied

The Veteran's appeal for an increased disability rating higher than 10% for tinnitus was denied as the maximum schedular rating is already assigned.,The Veteran's appeal for an increased disability rating higher than 20% for prostate cancer residuals prior to May 7, 2024 was denied. A 40% rating from that date forward was granted.,The Veteran's appeals for increased disability ratings for DM II with erectile dysfunction and postoperative cataracts, as well as right lower extremity diabetic peripheral neuropathy affecting the sciatic and femoral nerves were not addressed in this decision.,The appeal for left lower extremity diabetic peripheral neuropathy disabilities was remanded.

The deciding factor: The Veteran's tinnitus is rated at its maximum under DC 6260, which limits a Veteran to a single disability for tinnitus regardless of whether it is unilateral or bilateral.,Prior to May 7, 2024, the Veteran's prostate cancer residuals were rated as 20% disabling based on voiding dysfunction. After that date, his condition warranted a 40% rating due to increased nighttime awakenings to urinate.,The Veteran's DM II was rated at its maximum under DC 7913 for diabetes requiring restricted diet only. The right lower extremity diabetic peripheral neuropathy disabilities were also rated at their maximum under DCs 8520 and 8526, respectively.,Left lower extremity diabetic peripheral neuropathy disabilities affecting the sciatic nerve and femoral nerve were remanded.

Claimed conditions
tinnitus, prostate cancer residuals, diabetes mellitus II (DM II), right lower extremity diabetic peripheral neuropathy affecting the sciatic nerve, right lower extremity diabetic peripheral neuropathy affecting the femoral nerve, bronchiectasis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 5, 2024
Citation
A24052992

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 A24052992.

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