The Board has determined that new evidence, including service department records obtained after the June 2006 rating decision, should be considered in deciding the veteran's accrued benefits claims for hypertension, diabetes mellitus type II, end stage renal failure, congestive heart failure, and anoxic encephalopathy.
The deciding factor: The Board found that new official service department records were obtained after the June 2006 rating decision and should be considered in deciding the veteran's accrued benefits claims for hypertension, diabetes mellitus type II, end stage renal failure, congestive heart failure, and anoxic encephalopathy.
- Claimed conditions
- hypertension, diabetes mellitus, type II, end stage renal failure, congestive heart failure, anoxic encephalopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106668
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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