The Board has determined that the VA examination provided in January 2014 is inadequate for decision-making purposes and requires a new examination to address whether the Veteran's peripheral neuropathy of the right and left lower extremities is as likely as not incurred in or caused by an in-service injury event or illness, or is proximately due to, the result of, or aggravated by his service-connected diabetes mellitus, type II.
The deciding factor: The January 2014 VA examiner's opinions are inadequate for decision-making purposes and do not address whether the Veteran’s peripheral neuropathy of the right and left lower extremities is as likely as not incurred in or caused by an in-service injury event or illness, or is proximately due to, the result of, or aggravated by his service-connected diabetes mellitus, type II.
- Claimed conditions
- Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130769
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 19130769.
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 Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy of the left upper and lower extremities due to herbicide agent exposure, as there is a pre-decisional duty to assist error that occurred prior to the date of the AOJ decision on appeal.
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