The Board has determined that there was not substantial compliance with previous remand instructions and another remanded is necessary due to the lack of a copy of the explanation of benefits (EOB) for the Veteran's June 10, 2009 treatment at Kaiser Permanente. The AOJ needs to obtain this EOB or provide an explanation if it cannot be obtained.
The deciding factor: The Board found that substantial compliance with previous remand instructions was not achieved due to the lack of a copy of the relevant Explanation of Benefits (EOB) and will need to obtain this document or provide an explanation if it cannot be obtained.
- Claimed conditions
- type 2 diabetes mellitus, diabetic peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2023
- Citation
- 23056125
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 23056125.
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.
- Granted
The Board has granted DIC benefits based on service connection for the cause of the Veteran's death, finding that his service-connected prostate cancer and its treatment caused his death due to side effects from Zytiga.
- Granted
The Veteran's need for regular aid and assistance of another person due to service-connected disabilities has been established, allowing him to receive special monthly compensation at the aid and attendance rate.
- Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Remanded (sent back)
The Board has remanded the claims for service connection for the cause of death and burial benefits due to a lack of medical opinion regarding the Veteran's exposure at Camp Lejeune, which could impact his eligibility for these benefits.
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