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Learn why a veteran was denied a higher rating for Type II Diabetes and a compensable rating for related numbness. Discover key evidence gaps and winning strategies.
The veteran in this case filed claims for service connection for numerous conditions, including Type II Diabetes and numbness in both hands and feet. The VA granted service connection for Type II Diabetes, assigning a 20% disability rating, and also granted service connection for the numbness conditions, but at a non-compensable (0%) rating. All these grants were made effective October 13, 2021. The veteran appealed to the Board of Veterans' Appeals (BVA), arguing for an earlier effective date for these conditions and higher disability ratings. Specifically, for Type II Diabetes, the veteran sought a rating higher than 20%. For the numbness in the hands and feet, which is often a symptom of diabetic neuropathy, the veteran sought a compensable rating (meaning a rating of 10% or more, which would result in monthly compensation). The BVA reviewed the evidence and upheld the VA's decisions. They denied an effective date prior to October 13, 2021, for Type II Diabetes and the numbness conditions, finding no evidence of an earlier claim or intent to file. For the Type II Diabetes rating, the BVA found that the veteran's treatment did not include "regulation of activities," which is a key criterion for higher ratings. Regarding the numbness in the hands and feet, the BVA concluded that the conditions were not severe enough to meet the criteria for a compensable rating, specifically stating they were "not manifested by mild incomplete paralysis." This means the veteran's symptoms, while present, did not meet the specific severity thresholds required by VA rating schedules for a compensable rating.
To successfully claim a higher rating for Type II Diabetes and a compensable rating for related peripheral neuropathy (numbness), veterans need to focus on providing comprehensive and specific medical evidence that directly addresses the VA's rating criteria. For Type II Diabetes, simply having the condition isn't enough for a high rating; the VA looks at the *management* and *impact*. You need to show that your diabetes requires "regulation of activities" beyond just diet and oral medication. This could include needing insulin, experiencing frequent hypoglycemic or hyperglycemic episodes requiring intervention, or having significant dietary restrictions and activity limitations due to the condition's instability or complications. A detailed statement from your endocrinologist or primary care physician outlining your treatment regimen, the challenges in managing your blood sugar, and any resulting limitations is crucial. For the numbness in your hands and feet, which is often a manifestation of diabetic neuropathy, the key is to demonstrate *severity* that meets or exceeds the VA's compensable thresholds. The Board specifically noted the absence of "mild incomplete paralysis." This means your medical evidence must go beyond just reporting "numbness." You need objective findings from a neurologist or other specialist. This could involve nerve conduction studies (NCS) and electromyography (EMG) to confirm nerve damage and its extent. A physical examination by your doctor should document any sensory loss, motor weakness, muscle atrophy, or reflex changes. Your doctor's opinion should clearly state the diagnosis, the severity of the neuropathy, and how it impacts your ability to use your hands or walk, specifically addressing whether it causes any degree of paralysis or significant functional impairment. Additionally, strong lay statements from you, your family, or caregivers can describe the daily impact of your diabetes and neuropathy. How does the numbness affect your ability to grip objects, walk, balance, or perform fine motor tasks? How does your diabetes management restrict your lifestyle or work? These statements, combined with robust medical evidence, paint a complete picture of your disability and its effects, helping the VA understand why a higher or compensable rating is warranted. Remember, the VA rates based on the *severity* of symptoms and their *impact* on your life, not just the diagnosis itself.
To get a compensable rating for numbness (peripheral neuropathy) secondary to diabetes, you must provide medical evidence that clearly documents the *severity* of your symptoms, such as "mild incomplete paralysis" or other objective functional limitations, not just the presence of numbness.
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