The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining service personnel records and addressing the VCAA notice requirements.
The deciding factor: The case must be remanded due to procedural defects in the VCAA notice and because the record does not show that the Veteran was provided adequate notice under the VCAA. Additionally, there are issues related to exposure to Agent Orange and secondary service connection which need further development.
- Claimed conditions
- type II diabetes mellitus, coronary artery disease, peripheral neuropathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, cataracts, kidney stones
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2009
- Citation
- 0918192
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 0918192.
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 the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Remanded (sent back)
The Veteran's claim for an increased rating for coronary artery disease is being remanded due to the inadequacy of a previous VA examination.
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