The Veteran's claim for a respiratory disability is denied as he does not have a chronic respiratory condition.,The effective date of the award of service connection for diabetes mellitus is denied as it was received within one year of separation from service.,The claims for neurological impairment, renal disability, erectile dysfunction, glaucoma, and hypertension are remanded due to lack of evidence of their relationship with diabetes mellitus.,The claim for a heart disability is remanded due to the Veteran's presumed exposure to herbicide agents during active duty in Vietnam.
The deciding factor: There is no proof of a chronic respiratory condition, and the Veteran lacks the expertise to diagnose himself. The current presence of a respiratory disability is not established.,The effective date for service connection for diabetes mellitus was assigned based on the date of receipt of the claim as it arose before the claim was received.,There is insufficient evidence to establish a relationship between the claimed conditions and diabetes mellitus, necessitating further examination and medical opinions.,The Veteran's presumed exposure to herbicide agents during active duty in Vietnam requires an examination to determine whether he has ischemic heart disease or any other heart condition.
- Claimed conditions
- respiratory disability, diabetes mellitus, neurological impairment (right lower extremity), neurological impairment (left lower extremity), neurological impairment (right upper extremity), neurological impairment (left upper extremity), renal disability, erectile dysfunction, glaucoma, hypertension, heart disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20007287
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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The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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