The Veteran's appeal for an initial rating in excess of 20 percent for diabetes mellitus, type II was dismissed. The appeals for right and left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy were denied. The appeal for right ankle lateral collateral ligament sprain with degenerative arthritis was also denied.
The deciding factor: The Veteran withdrew his claim for an initial rating in excess of 20 percent for diabetes mellitus, type II during the July 29, 2024 hearing. Appeals for other conditions were denied as they did not meet the criteria for increased ratings under applicable diagnostic codes.
- Claimed conditions
- Diabetes Mellitus, Type II, Right Upper Extremity Peripheral Neuropathy, Left Upper Extremity Peripheral Neuropathy, Right Lower Extremity Peripheral Neuropathy, Left Lower Extremity Peripheral Neuropathy, Right Ankle Lateral Collateral Ligament Sprain with Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- A24077558
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 A24077558.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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 Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Denied
The Veteran's claims for increased disability evaluations and effective dates have been denied. The Veteran's arteriosclerotic heart disease, diabetes mellitus, and peripheral neuropathy of the upper and lower extremities are currently rated at 60 percent, 20 percent, and varying percentages respectively.
- Granted
The Veteran meets the schedular criteria for a total disability evaluation based on individual unemployability (TDIU) due to his service-connected disabilities, which render him unable to secure or follow a substantially gainful occupation.
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