The Board has remanded the issues of service connection for various disabilities, including diabetes mellitus, heart disability, peripheral neuropathy, erectile dysfunction, liver disease, low back disability, and sleep apnea, all claimed as secondary to service-connected encephalitis. The remand requires additional medical opinions addressing whether these conditions were aggravated by or caused by the service-connected encephalitis.
The deciding factor: The original June 2019 VA medical opinions did not clearly address whether the Veteran's disabilities were aggravated by his service-connected encephalitis, which is a requirement for secondary service connection. The Board finds that these opinions are inadequate and requires additional addendum opinions to determine if the disabilities were aggravated or caused by the encephalitis.
- Claimed conditions
- Type II diabetes mellitus, Heart disability, Bilateral upper extremity peripheral neuropathy, Bilateral lower extremity peripheral neuropathy, Erectile dysfunction, Nonalcoholic fatty liver disease, Low back disability, Obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064424
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.
- Granted
The Board granted service connection for Type II diabetes mellitus, finding that it is secondary to the Veteran's service-connected unspecified depressive disorder.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that Type II diabetes mellitus and hypertension, which are presumed to have resulted from herbicide exposure during service, contributed substantially to his demise.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
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