The Board has remanded the Veteran's claims for diabetes mellitus, erectile dysfunction, and nerve conditions of the lower extremities due to potential in-service exposure to herbicide agents. The RO must obtain all relevant medical records and conduct further research into the Veteran’s service history.
The deciding factor: The recent Federal Circuit decision in Procopio v. Wilkie has increased the potential significance of any in-service presence within the 12-nautical mile territorial sea of Vietnam during the Vietnam War, requiring additional factual development.
- Claimed conditions
- diabetes mellitus, erectile dysfunction, nerve condition of the right lower extremity, nerve condition 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
- January 15, 2020
- Citation
- 20003432
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 remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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