The Veteran's application to reopen claims for right shoulder rotator cuff tear and gastrointestinal disability (including duodenitis or GERD) has been granted. The claim for diabetes mellitus type II remains denied.,The Board found new evidence related to the Veteran’s service connection claims, including a VA examination linking his current right shoulder condition to in-service injury. However, the denial of diabetes mellitus type II due to lack of exposure to herbicide agents and insufficient medical nexus.
The deciding factor: The March 2011 VA examiner's opinion was based on an inaccurate factual premise regarding the Veteran’s treatment history.
- Claimed conditions
- right shoulder rotator cuff tear, diabetes mellitus type II (DMII), gastrointestinal disability to include duodenitis or GERD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081952
Veterans Law Judge
Decisions by this judge: 837 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20081952.
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 has remanded the claims for diabetes mellitus type II and bilateral varicose veins due to insufficient medical opinions regarding their etiology. The Veteran's service connection claims are not granted as there is no direct evidence linking his conditions to his active service.
- Granted
The Board has granted service connection for diabetes mellitus type II, hypertension, and kidney disease, finding that these conditions are related to the Veteran's exposure to contaminated water at Camp Lejeune. The decision also remanded the issue of service connection for obstructive sleep apnea.
- Dismissed
The Veteran's appeal was dismissed as the November 17, 2025, request for an extension of time to file an appeal from a rating decision issued on May 31, 2024, that denied service connection for DMII, ED, fibromyalgia, IBS, and PTSD was not timely filed.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for left foot bunionectomy, diabetes mellitus type II (DMII), and a left eye injury. The claims are being remanded due to the need for additional VA examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.