The Board has remanded the claims of entitlement to an effective date prior to April 21, 2011, for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility to Dependent's Educational Assistance (DEA). The AOJ must submit these claims to the Executive Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).
The deciding factor: The appellant was not previously rated as totally disabled due to service-connected disabilities, but his unemployability is reasonable based on evidence showing he stopped working in 2009 due to his service-connected disabilities.
- Claimed conditions
- diabetes mellitus, type 2, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- A23034936
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 A23034936.
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, specifically regarding the Veteran's exposure to mercury in dental amalgams and asbestos during service. A VA medical opinion is needed to determine if these exposures are related to his claimed disabilities.
- Dismissed
The appeal concerning earlier effective dates for service connection and disability ratings has been dismissed.,No new evidence or arguments were provided to support the claims.
- Remanded (sent back)
The Veteran's tinnitus is granted service connection. The Board finds the evidence insufficient to grant service connection for diabetes mellitus type II, hypertension, peripheral neuropathy, erectile dysfunction, prostate condition, headaches, IBS, behavioral neurology conditions, and acquired psychological condition due to exposure at Camp Lejeune.
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