The Board denied earlier effective dates for the awards of service connection for diabetes mellitus, left and right lower extremity diabetic neuropathy, and higher ratings for residuals of a gunshot wound to the left leg with fractured tibia and fibula, injury to muscle group XII, shortening of the leg, damage to the peroneal nerve, radiculopathy, and diabetic neuropathy, but granted an initial 20% rating for right lower extremity diabetic neuropathy.

The deciding factor: The effective date for service connection was based on the date of claim or entitlement arose, whichever is later. The Board found that the Veteran did not meet all eligibility criteria for a liberalized benefit and thus denied earlier effective dates. For ratings, the Board considered the severity of symptoms and assigned ratings accordingly.

Claimed conditions

diabetes mellitus, left lower extremity diabetic neuropathy, right lower extremity diabetic neuropathy, residuals of a gunshot wound to the left leg with fractured tibia and fibula, injury to muscle group XII, shortening of the leg, damage to the peroneal nerve, radiculopathy, and diabetic neuropathy, residuals of a gunshot wound to the right forearm, status post fractured ulna and injury to muscle group VII, right elbow flexion limitation, right ulnar neuropathy with forearm atrophy, status post gunshot wound

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 4, 2025

Citation

25013629

Want to see how appeals like this one tend to go? Appeals like mine