The Board denied the Veteran's appeal for a higher rating for tinnitus, as it is already rated at 10 percent, which is the maximum allowed. The other issues are remanded for further development.

The deciding factor: The Veteran failed to report for scheduled examinations, and the AOJ did not properly notify him of the exams, resulting in a pre-decisional duty to assist error requiring remand.

Claimed conditions

tinnitus, diabetes mellitus with erectile dysfunction, right upper extremity diabetic peripheral neuropathy, left upper extremity diabetic peripheral neuropathy, right lower extremity diabetic peripheral neuropathy affecting the sciatic nerve, left lower extremity diabetic peripheral neuropathy affecting the sciatic nerve, right lower extremity diabetic peripheral neuropathy affecting the femoral nerve, left lower extremity diabetic peripheral neuropathy affecting the femoral nerve, diabetic nephropathy, excision of epididymal cyst with residual scar, bilateral hearing loss

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 3, 2025

Citation

A25019177

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