The Board granted restoration of a 30 percent rating for right upper extremity diabetic peripheral neuropathy, effective from July 6, 2020, and remanded the other claims for further development.
The deciding factor: The August 2020 rating decision failed to consider the provisions of 38 C.F.R. § 3.344 in reducing the evaluation of right upper extremity diabetic peripheral neuropathy from 30 percent to 20 percent, and thus was void ab initio.
- Claimed conditions
- right upper extremity diabetic peripheral neuropathy, left upper extremity diabetic peripheral neuropathy, right lower extremity diabetic peripheral neuropathy of the sciatic nerve, left lower extremity diabetic peripheral neuropathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- A25048430
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a TDIU and an effective date of October 22, 2023, for the award of a 20 percent evaluation for right and left lower extremity diabetic peripheral neuropathy.
- Partly granted
The appeal for service connection for an anxiety disorder was dismissed, and the appeals for service connection for Parkinson's disease, a respiratory condition (COPD), a heart disability (coronary artery disease), rhinitis, diabetes mellitus, type II (diabetes), right lower extremity diabetic peripheral neuropathy, left lower extremity diabetic peripheral neuropathy, and right upper extremity diabetic peripheral neuropathy were remanded for further development.
- Granted
The Board granted an effective date of June 1, 2016, for the award of service connection for diabetic peripheral neuropathy in all extremities.
- Granted
The Board granted service connection for multiple disabilities, including various musculoskeletal conditions and mental health disorders.
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