The Veteran's appeal is being remanded due to the need for updated treatment records and proper notice under Dingess v. Nicholson.
The deciding factor: VA has not fulfilled its duty to assist by obtaining all relevant, non-duplicative treatment records from both VA and private healthcare facilities.
- Claimed conditions
- diabetic neuropathy of the right upper extremity, diabetic neuropathy of the left lower extremity, diabetic neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 26, 2010
- Citation
- 1007302
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. Read the original VA decision (opens in a new tab) using citation 1007302.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Whole decision: Granted
The Board has granted service connection for coronary artery disease and diabetes mellitus type II on a presumptive basis due to herbicide exposure, and also granted service connection for diabetic neuropathy of the right upper, right lower, left upper, and left lower extremities.
- Whole decision: Remanded (sent back)
The Board has granted an effective date of August 19, 2019 for the award of service connection for diabetes mellitus. The RO must now assign initial disability ratings for diabetic nephropathy (kidney disease), erectile dysfunction, and diabetic neuropathy of the lower extremities from August 19, 2019 to August 9, 2022. Effective dates prior to August 10, 2022, for service connection for these conditions are also remanded.
- Whole decision: Denied
The Veteran's claims for service connection for various conditions, including colon cancer, sleep apnea, respiratory disability, type II diabetes mellitus, enlarged prostate, diabetic neuropathy, heart disability, and acquired psychiatric disability were denied as there was no persuasive evidence to support the assertions.
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