Gardberg & Kemmerly, P.C. Attorneys at Law

Diabetes Rating Increase


If a veteran's diabetes mellitus ("DM") is found to be service connected, the VA will rate it according to the Code 7913.

7913 Diabetes mellitus

Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or complications that would be compensable if separately evaluated..................100

Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated ...............................................60

Requiring insulin, restricted diet, and regulation of activities ......40

Requiring insulin and restricted diet, or; oral hypoglycemic agent and restricted diet .....................................................20

Manageable by restricted diet only .....................................10

If the veteran's DM is service connected and the veteran's diet has been restricted, 10% is warranted. 20% is warranted once medication is prescribed. The 40% rating is where most of the trouble begins. Many veterans are currently rated at 20% and are seeking an increased rating. They run into trouble with "regulations of activities". Regulation of activities means "avoidance of strenuous occupational recreational activities."

The veteran must show that DM, and not other conditions, causes regulation of activities. Comacho v. Nicholson, 21 Vet. App. 360 (2007). This is very difficult to do if the veteran suffers other medical conditions. The veteran will need to provide medical evidence that states any restrictions DM causes.

"These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Firm Contact Information:

1015 Montlimar Drive, Suite B4
Mobile, AL 36609

Map & Directions

Phone: 251-243-7872
Toll Free: 877-539-1739
Fax: 251-342-3747

Mississippi: 228-435-4000
Florida: 850-458-1226