The Board has remanded the claims for diabetes mellitus, type II; coronary artery disease (CAD); peripheral neuropathy of the bilateral lower extremities; thoracolumbar spine condition (back condition); and right knee degenerative joint disease (right knee condition) due to exposure to herbicide agents during service. The Veteran's military service in Vietnam is potentially relevant under a new legal precedent, but further factual development is needed.
The deciding factor: The Board found the Veteran may be eligible for presumptive service connection based on exposure to herbicide agents under Procopio’s expanded definition of 'a veteran with service in the Republic of Vietnam.'
- Claimed conditions
- diabetes mellitus, type II, coronary artery disease (CAD), peripheral neuropathy of the bilateral lower extremities, thoracolumbar spine condition (back condition), right knee degenerative joint disease (right knee condition)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006380
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 claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Denied
The Board denied the veteran's claims for increased ratings for left foot bursitis and coronary artery disease, as well as special monthly compensation based on housebound status.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Partly granted
The Board granted restoration of a 60 percent rating for coronary artery disease (CAD) effective June 1, 2021, and increased ratings for mid-sternum scar, left lower extremity (LLE) scar, and migraines to 10%, 20%, and 50% respectively, all effective October 26, 2020.
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