The reduction in the rating of the Veteran's service-connected diabetes mellitus type II from 20 percent to 10 percent effective April 26, 2024 is improper and is void ab initio; therefore, the petition to reverse the reduction and restore the 20 percent rating effective January 31, 2023 is granted. The Veteran's earlier effective date for service connection of hypertension prior to August 10, 2022 is denied.
The deciding factor: The Board found that the AOJ failed to comply with the procedures outlined under 38 C.F.R. § 3.105(e) when reducing the Veteran's diabetes mellitus type II rating from 20 percent to 10 percent, making the reduction void ab initio.
- Claimed conditions
- Diabetes Mellitus Type II, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- A25052220
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.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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