The Board has remanded the cases for further development regarding service connection for diabetes mellitus type II and congestive heart failure due to obesity being an intermediate step between a service-connected psychiatric disability.
The deciding factor: The VA Office of General Counsel requires that obesity be considered as an intermediary factor in establishing secondary service connection, and the current opinions do not address this aspect adequately.
- Claimed conditions
- diabetes mellitus type II, congestive heart failure
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2023
- Citation
- 23021943
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 23021943.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Granted
The Board has granted service connection for erectile dysfunction, which is secondary to the Veteran's service-connected diabetes mellitus type II and panic disorder with insomnia. The decision finds that the evidence is at least evenly balanced as to whether the erectile dysfunction was caused by these conditions.
- Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
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