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Remanded (sent back)PACT Act

The Veteran's application for service connection for DM-II was received in January 2010, and an effective date prior to January 2009 is not warranted.,Since May 2016, the Veteran has been granted a TDIU due to his service-connected disabilities.

The deciding factor: The Veteran's application for service connection for DM-II was received in January 2010 and there is no legal exception that would permit granting an effective date prior to January 2009. The effective date of the award will be as follows: VA denied compensation for the same covered herbicide disease in a decision issued between September 25, 1985 and May 3, 1989.

Claimed conditions
Diabetes Mellitus, Type II (DM-II), Spondylosis of the Thoracolumbar Spine
How they argued it
Presumptive (no nexus needed)
Exposure basis
None
Rating assigned
None in this decision
Decision date
November 26, 2019
Citation
19189442

Veterans Law Judge

KEITH W. ALLEN

Decisions by this judge: 2,669 · Granted: 23% (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 19189442.

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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