The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.
The deciding factor: The RO failed to consider whether there was CUE in failing to apply the provisions of 38 C.F.R. § 3.156(c) based on receipt of new and relevant service department records submitted by the Veteran in 2018.
- Claimed conditions
- central polyneuropathy of unknown etiology with loss of use of both feet, shortness of breath with central sleep apnea and atelectasis with diaphragmatic paralysis, progressive nerve disease with loss of use of left upper extremity with left shoulder rotator cuff tear, acromioclavicular joint separation, impingement syndrome, and acromioclavicular joint osteoarthritis, neurogenic bladder, acromioclavicular joint separation with rotator cuff tear of the right shoulder, impairment of rectal sphincter control, left cranial nerve IX damage with drooling and difficulty swallowing, right cranial nerve IX damage with drooling and difficulty swallowing, hemorrhoids, erectile dysfunction, hypogonadism, surgical scars associated with degenerative joint disease of the lumbar spine with spinal stenosis, spondylolisthesis, status post laminectomy and discectomy, surgical scar of the upper chest wall associated with status post cervical spine fusion with C2-C3 spondylolisthesis and multilevel spinal stenosis, left shoulder scar, anterior, major depressive disorder with anxious distress, right upper extremity carpal tunnel syndrome with central sensory motor polyneuropathy and severe compromise of the phrenic nerve, status post cervical spine fusion with C2-C3 spondylolisthesis and multilevel spinal stenosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- A23028949
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 A23028949.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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