The appeal is being remanded for additional VA examination to accurately determine the current nature and severity of the Veteran's diabetes mellitus and peripheral neuropathy.
The deciding factor: The Board determined that a more thorough evaluation was necessary due to the Veteran's failure to report for an initial scheduled examination, and to ensure accurate assessment of his conditions.
- Claimed conditions
- Diabetes mellitus with bilateral upper extremity peripheral neuropathy, Right lower extremity peripheral neuropathy, Left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2009
- Citation
- 0910591
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.
- Denied
The Board denied various claims for increased ratings and earlier effective dates, with the exception of granting a 10 percent rating for right knee instability.
- Denied
The Board denied the veteran's claims for increased ratings for coronary artery disease, diabetes mellitus type II, obstructive sleep apnea syndrome, peripheral neuropathy of both lower extremities, and left ear hearing loss. The veteran was granted a TDIU.
- Partly granted
The Board granted the petitions to readjudicate claims for service connection for bilateral hearing loss and an acquired psychiatric disability, while denying service connection for lower back, kidney, diabetes mellitus type II, hypertension, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and sleep apnea.
- Denied
The Board denied readjudication of increased rating claims for diabetes mellitus, bilateral knee, bilateral lower extremity peripheral neuropathy, and cervical spine, as well as an earlier effective date for DEA and entitlement to TDIU due to the lack of new and relevant evidence.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.