The Board granted revision of the November 2007 rating decision on the basis of clear and unmistakable error (CUE) to reflect a separate rating for peripheral neuropathy (PN) of the lower extremities as a complication of the Veteran's service-connected diabetes mellitus type II.
The deciding factor: The correct facts were not before the adjudicator at the time, specifically, the diagnosis of PN related to DMII was overlooked, manifestly changing the outcome of the decision.
- Claimed conditions
- Peripheral neuropathy (PN) of the lower extremities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- A25037484
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected peripheral neuropathy (PN) of the lower extremities, alone, prevents him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
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