The Board has decided to remand the case due to a duty to assist error and failure to comply with prior remands. The examiner must address whether service-connected disabilities caused obesity, which then led to type 2 diabetes mellitus and death.
The deciding factor: The examiner needs to determine if the Veteran's service-connected disabilities (singly or jointly) caused his death by contributing to obesity, which was a proximate cause of his type 2 diabetes mellitus.
- Claimed conditions
- gunshot wound residuals, lumbar spine disability, service-connected PTSD, type 2 diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2021
- Citation
- 21003307
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 21003307.
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 has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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