The Board has remanded the claims for service connection for hyperthyroidism, diabetes mellitus, and hypertension due to new evidence submitted by the Veteran. The effective date of the award of service connection for hypertension is denied as it does not meet the criteria set forth in 38 C.F.R. § 4.104.
The deciding factor: The Board found that the provided evidence did not establish a clear and unmistakable error (CUE) in the prior denial of service connection for hypertension, thus no earlier effective date can be granted.
- Claimed conditions
- hyperthyroidism, diabetes mellitus, hypertension
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19130177
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19130177.
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.
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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