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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1007302.
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.
- Remanded (sent back)
The Board remands the claims for service connection for prostate cancer, diabetes mellitus type II, and diabetic neuropathy of the upper and lower extremities due to a need for clarification regarding the Veteran's exposure to Agent Orange.
- Granted
The Board granted an earlier effective date of August 29, 2024, for the award of a 20 percent rating for service-connected diabetic neuropathy of the left and right lower extremity.
- Granted
The Board granted service connection for diabetes mellitus and related conditions, including diabetic neuropathy of the upper and lower extremities, erectile dysfunction, hypertension, retinopathy, and carpal tunnel syndrome (CTS), based on herbicide exposure during service.
- Granted
The veteran was granted increased ratings for migraine headaches, diabetic neuropathy of the right and left lower extremities, as well as additional intermediate-rate SMC increases.
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