The Board has reopened the claims for service connection for a low back disability, residuals of right ear cyst removal, and diabetes mellitus due to new evidence submitted since the final decisions. The claim for service connection for an acquired psychiatric disability (PTSD, depression, anxiety) remains pending as it was not reopened.,Service connection is being remanded for the low back disability, residuals of right ear cyst removal, and diabetes mellitus due to unresolved issues regarding exposure to herbicides during service.
The deciding factor: The evidence submitted since the final decisions raises a reasonable possibility of substantiating the claims for service connection for these conditions.,Service records confirm the Veteran's exposure to herbicide agents in Panama, but further investigation is needed to verify this exposure and apply the appropriate presumption of service connection.
- Claimed conditions
- Low Back Disability, Right Ear Cyst Removal Residuals, Diabetes Mellitus, Acquired Psychiatric Disability (PTSD, Depression, Anxiety)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132894
Veterans Law Judge
Decisions by this judge: 631 · Granted: 21% (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 19132894.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's appeal was granted for various disabilities, including service connection for depressive disorder and increased evaluations for diabetic peripheral neuropathy affecting multiple nerve groups. A SMC based on need for aid and attendance was also awarded.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
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