The Veteran's appeal is being remanded for further development, including an examination to assess his employability and consideration of whether he meets the criteria for a TDIU on an extraschedular basis.
The deciding factor: The case must be remanded due to new evidence received after the February 2010 supplemental statement of the case and because the Veteran's claim is inextricably intertwined with his TDIU claim.
- Claimed conditions
- type 2 diabetes mellitus, arthritis of the cervical spine, hypertension with left ventricular hypertrophy, peripheral neuropathy of the bilateral upper and lower extremities associated with type 2 diabetes, chronic maxillary sinusitis, chronic nonspecific urethritis and prostatitis, arthritis of the right ring finger, erectile dysfunction associated with type 2 diabetes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2010
- Citation
- 1022398
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 1022398.
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 claim for service connection for type 2 diabetes mellitus to correct a pre-decisional duty to assist error.
- Dismissed
The Board dismissed the appeals for earlier effective dates related to various left and right hip, knee, shoulder, and other conditions as they were freestanding claims not continuously pursued from the initial rating decisions.
- Granted
The Board granted an evaluation of 10 percent, but no higher, prior to June 13, 2020, and a 30 percent rating thereafter for the Veteran's arthritis of the cervical spine.
- Denied
The Board denied service connection for prostatitis, HIV, CHF, GERD, herpes, a pulmonary disability, headaches, and type 2 diabetes mellitus as the evidence did not support a finding of a current disability or a nexus to service or a service-connected disability.
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