The Veteran's claims for increased evaluations of type 2 diabetes mellitus, cardiomegaly and congestive heart failure, stroke/cerebral vascular accident, diabetic nephropathy, voiding dysfunction, bowel disturbances (upper and lower extremities), neuropathy, right upper extremity muscle weakness, neuropathy, right lower extremity muscle weakness, diabetic neuropathy of the right upper extremity, diabetic neuropathy of the right lower extremity, diabetic neuropathy of the left upper extremity, and diabetic neuropathy of the left lower extremity are being remanded for further development.,The Veteran is currently in receipt of a 100 percent disability rating for cardiomegaly and congestive heart failure and stroke/cerebral vascular accident.
The deciding factor: The examination reports are inadequate to decide the claims, as they do not differentiate between service-connected and nonservice-connected disabilities.
- Claimed conditions
- Type 2 diabetes mellitus, Cardiomegaly and congestive heart failure, Stroke/cerebral vascular accident, Diabetic nephropathy, Voiding dysfunction, Bowel disturbances (upper and lower extremities), Neuropathy, right upper extremity muscle weakness, Neuropathy, right lower extremity muscle weakness, Diabetic neuropathy of the right upper extremity, Diabetic neuropathy of the right lower extremity, Diabetic neuropathy of the left upper extremity, Diabetic neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004454
Veterans Law Judge
Decisions by this judge: 845 · Granted: 39% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004454.
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.
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- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board vacates the September 2022 decision denying service connection for type 2 diabetes mellitus due to the passage of the PACT Act, which expanded presumptive exposure to herbicides. The Veteran's service was not found to be in offshore Vietnam or any other location where herbicide exposure is presumed. As a result, his claim for service connection cannot be substantiated.
- Granted
The Veteran is granted TDIU and increased ratings for various service-connected conditions, including diabetic neuropathy. The effective date of the grant of service connection for diabetic neuropathy was denied.
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