The Board has remanded the Veteran's claims for service connection due to an error in providing notice of his right to a hearing before the RO.
The deciding factor: The AOJ failed to provide the Veteran with proper notice of his right to a hearing before the RO prior to issuing its initial decision on appeal, which was during a period where VA had a duty to assist in substantiating his claims.
- Claimed conditions
- diabetes mellitus, type II, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, chronic kidney disease (CKD), lumbar spine disability, respiratory disability, to include chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- A23033823
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 A23033823.
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 withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for diabetes mellitus, type II, as secondary to the Veteran's service-connected PTSD. The decision finds that the Veteran's diabetes mellitus, type II is proximately due to his service-connected PTSD.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.