The Board has determined that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions. The matter must be remanded to ensure compliance with all procedural requirements set forth in the M29-1, including obtaining Attending Physician's Statements (APSs) where required and ensuring that the severity of the nonservice-connected disabilities considered to be disqualifying is accurately considered.
The deciding factor: The Board found that the proper procedures were not followed in determining whether the Veteran is eligible for S-DVI due to his nonservice-connected conditions, specifically regarding the assignment of debits for various nonservice-connected disabilities and the lack of APSs.
- Claimed conditions
- posttraumatic stress disorder (PTSD), tinea versicolor, prostate cancer, status post prostatectomy, degenerative joint disease of the lumbar spine, radiculopathy, left upper extremity, degenerative joint disease of the cervical spine, diabetes mellitus, peripheral neuropathy of the right and left lower extremities, status post degenerative joint disease, left knee, gastroesophageal reflux disease, several residual scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2019
- Citation
- 19182919
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 19182919.
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 remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.