The Board has remanded the case due to inconsistencies in the effective date of TDIU and further development is needed. The Veteran's service-connected disabilities include diabetes, prostate cancer, peripheral neuropathy, tinnitus, hearing loss, and erectile dysfunction.
The deciding factor: The Court found that the Board improperly relied on the Veteran's ability to perform some household and recreational activities as evidence of his employability, and remanded for further development to clarify the effective date and obtain a VA opinion regarding the combined effect of his service-connected disabilities on his employment capacity.
- Claimed conditions
- diabetes mellitus type II, prostate cancer with prostatectomy, peripheral neuropathy of the lower extremities associated with diabetes mellitus, peripheral neuropathy of the left upper extremity associated with diabetes mellitus, peripheral neuropathy of the right upper extremity associated with diabetes mellitus, tinnitus, peripheral neuropathy of the left lower extremity with femoral nerve involvement associated with diabetes mellitus, peripheral neuropathy of the right lower extremity with femoral nerve involvement associated with diabetes mellitus, plantar warts of right great toe, erectile dysfunction associated with diabetes mellitus type II, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- 23060010
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 23060010.
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 appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- 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 found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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