The Board has remanded the claims for service connection for right and left upper extremity disorders due to a duty to assist error. The Veteran is not presumed exposed to herbicide agents, but his conditions may be related to diabetes or Agent Orange exposure.
The deciding factor: There was a duty to assist error in not affording the Veteran an examination to determine if he has right or left upper extremity disorders related to service-connected diabetes or exposure to Agent Orange.
- Claimed conditions
- Parkinson's disease, hypothyroidism, right upper extremity disorder, left upper extremity disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- A22025100
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 A22025100.
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 Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of hypothyroidism and therefore denied their claim for service connection.
- Dismissed
The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was dismissed. The Board granted service connection for hypothyroidism and Hashimoto's thyroiditis with complications, including depression, anxiety, insomnia, vitamin deficiencies, memory/cognitive impairment, unexplained arthralgias, fatigue, hair loss, and bradycardia.
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