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Remanded (sent back)PACT Act

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and review of submitted evidence.,The Veteran is seeking an increase in his rating for diabetic nephropathy. The Board finds that a new examination is needed as his diabetes has worsened, and this condition is intertwined with his nephropathy.,The Veteran seeks increased ratings for bilateral upper and lower extremity peripheral neuropathy secondary to his service-connected diabetes mellitus type two. His claim will be remanded due to the need for an updated examination.,The Veteran claims entitlement to a higher rating for bronchial asthma, which has not been evaluated in over 8 years. A new examination is needed.,The Veteran alleges CUE in his service connection denial for depression and sleep apnea. His claim will be remanded as the issue of service connection remains pending.,The Veteran claims entitlement to service connection for sleep apnea, which was denied due to CUE. The claim will be remanded.

The deciding factor: The need for additional examinations is required given the Veteran's recent worsening of his diabetes and related conditions.,The condition of diabetic nephropathy is intertwined with the Veteran's service-connected diabetes mellitus type two, necessitating a new examination to assess its severity.,Given that eight years have passed since the last evaluation, an updated examination for the bilateral upper and lower extremity peripheral neuropathy is necessary.,Due to the passage of time since his last examination, a new evaluation for bronchial asthma is required.,The Veteran's service connection claim remains pending as he submitted new evidence pertinent to his depression and sleep apnea claims. The issue must be addressed before considering CUE allegations.,Because the Veteran has submitted new evidence relevant to his service connection claim, it must be reviewed by the RO before addressing his CUE allegations.

Claimed conditions
diabetes mellitus type two, nephropathy associated with diabetes mellitus type two, right upper extremity peripheral neuropathy associated with diabetes mellitus type two, left upper extremity peripheral neuropathy associated with diabetes mellitus type two, right lower extremity peripheral neuropathy associated with diabetes mellitus type two, left lower extremity peripheral neuropathy associated with diabetes mellitus type two, acquired psychiatric disorder (depressive disorder), sleep apnea
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
August 6, 2018
Citation
18124418

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 18124418.

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

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