The Board has remanded the previously denied claims for service connection due to a liberalizing law that requires VA to adjudicate these claims without needing new and material evidence.
The deciding factor: An intervening liberalizing law mandates VA to reconsider the previously denied claims for service connection, thus requiring further examination and opinion regarding each condition's relationship to service.
- Claimed conditions
- Bilateral Eye Disability, Diabetes, Erectile Dysfunction, Gastroesophageal Reflux Disorder (GERD), Hypertension, Kidney Condition, Respiratory Disability (originally claimed as a lung disability), to include obstructive sleep apnea, Peripheral Neuropathy of the Bilateral Upper Extremities, Peripheral Neuropathy of the Bilateral Lower Extremities, Skin Rash
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2023
- Citation
- 23050790
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 23050790.
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 denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
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