The Board vacated its previous decision and remanded the service connection claims for muscular dystrophy and diabetes mellitus type 2. The claim for muscular dystrophy was reopened due to new evidence, but the issue of service connection remains pending. The claim for diabetes mellitus type 2 is still being considered.
The deciding factor: The Board found that new evidence had been received to reopen the service connection claim for muscular dystrophy, but did not make a decision on whether service connection should be granted for either condition.
- Claimed conditions
- muscular dystrophy, diabetes mellitus type 2
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19130078
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for diabetes mellitus type 2 and diabetic nephropathy (renal failure) as secondary to the Veteran's now service-connected hypertension and diabetes mellitus type 2, respectively.
- Dismissed
The appeal for entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as moot due to the Veteran's 100 percent combined rating assigned for his service-connected disabilities.
- Denied
The Board denied the veteran's claims for higher ratings and earlier effective dates, except for an earlier effective date for service connection of lower extremity peripheral neuropathy.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
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