The Board has decided to remand the case due to uncertainty about the Veteran's exposure to herbicides during service, specifically regarding his time on the USS Enterprise. The decision is based on new legal guidance and requires further investigation into the location of the ship within Vietnam waters.
The deciding factor: The VA needs to verify the Veteran's service in the territorial waters of Vietnam as per the BWN Act and Procopio v. Wilkie, which may affect his eligibility for presumptive exposure to herbicides.
- Claimed conditions
- type II diabetes mellitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20004908
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 Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for type II diabetes mellitus due to a need for an additional medical opinion.
- Partly granted
The Board granted service connection for bilateral hearing loss and an effective date of October 24, 2022, for obstructive sleep apnea. Other claims were denied or remanded.
- Denied
The Board denied service connection for type II diabetes mellitus, finding no evidence of the condition during service or within a year of discharge and no link to in-service exposure.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.