The Board remands the claims for service connection for diabetes mellitus, type 2 (DM-2), and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for further evidentiary development.
The deciding factor: The medical opinion regarding the Veteran's DM-2 is inadequate as it did not address the new theory of entitlement as secondary to his service-connected OSA, and there was no differentiation between the impact of service-connected and non-service-connected conditions on the Veteran's employability.
- Claimed conditions
- Diabetes mellitus, type 2 (DM-2)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001558
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 R(1) rate due to his need for regular aid and attendance.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence that his death was related to any injury or disease in service, including exposure to herbicide agents.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied the Veteran's appeal for a rating in excess of 20 percent for diabetes mellitus, as the evidence did not support the need for insulin or episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.
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