The Board has remanded the claims for service connection for diabetes mellitus, type 2 and bilateral lower extremity diabetic peripheral neuropathy due to a pre-decisional duty-to-assist error in verifying the Veteran's exposure to Agent Orange during service at Subic Bay.
The deciding factor: The Board found that there was no follow-up attempt made by the RO to verify the Veteran's claim of exposure to Agent Orange, which is required for presumptive service connection under the PACT Act.
- Claimed conditions
- diabetes mellitus, type 2, lower right extremity diabetic peripheral neuropathy, lower left extremity diabetic peripheral neuropathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 21, 2022
- Citation
- A22026038
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 A22026038.
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.
- Denied
The Board has vacated the January 2026 decision granting service connection for diabetes mellitus, type 2 due to fraudulent evidence. The Veteran's claim is denied as there is no credible evidence linking his diabetes to service or a service-connected condition.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty-to-assist error regarding the Veteran's exposure to asbestos and Agent Orange during service. The claims are now pending for further development.
- Remanded (sent back)
The Board has remanded the claims for service connection for bradyarrhythmia status post dual-chamber pacemaker placement, coronary artery disease, and diabetes mellitus, type 2 due to a failure to verify the Veteran's reported herbicide agent exposure during service. The AOJ is instructed to take all appropriate steps to verify this exposure and issue a TERA memorandum regarding toxic exposures.
- Remanded (sent back)
The Board has remanded the claims of service connection for coronary artery disease and diabetes mellitus type II due to potential exposure to Agent Orange during military service. The RO should obtain a TERA opinion considering all applicable exposures, including asbestos and ignited substances.
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