The Board has remanded the veteran's claims for increased rating and service connection due to incomplete development of records, lack of compliance with previous remand instructions, and need for proper notice in accordance with Vazquez-Flores v. Peake.
The deciding factor: The case must be remanded again to ensure full compliance with the Board's February 2008 remand instructions and provide proper notice as required by Vazquez-Flores v. Peake.
- Claimed conditions
- diabetes mellitus type II, residuals of nail perforation, right foot
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2008
- Citation
- 0831715
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0831715.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Granted
The Board has granted service connection for erectile dysfunction, which is secondary to the Veteran's service-connected diabetes mellitus type II and panic disorder with insomnia. The decision finds that the evidence is at least evenly balanced as to whether the erectile dysfunction was caused by these conditions.
- Remanded (sent back)
The Board has granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
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