The Board has found that additional development is necessary for the claims on appeal regarding duodenal ulcers and diabetes mellitus type II, as they are inextricably intertwined with a motion alleging clear and unmistakable error (CUE) in a May 2008 rating decision. The claims will be remanded to allow for adjudication of the CUE motion.
The deciding factor: The claims on appeal are inextricably intertwined with a pending CUE motion, which must be resolved before further action can be taken on the service connection claims.
- Claimed conditions
- duodenal ulcers, diabetes mellitus type II
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2020
- Citation
- 20023085
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 20023085.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Granted
The Board has granted service connection for erectile dysfunction, which is secondary to the Veteran's service-connected diabetes mellitus type II and panic disorder with insomnia. The decision finds that the evidence is at least evenly balanced as to whether the erectile dysfunction was caused by these conditions.
- Remanded (sent back)
The Board has granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
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