The Veteran's service connection claims for various conditions, including diabetes mellitus type II and erectile dysfunction secondary to DMII, are granted. However, the claims for cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), and headache disability are remanded due to duty-to-assist errors.
The deciding factor: The duty-to-assist errors include obtaining missing SSA records, verifying in-service herbicide agent exposure, providing adequate rationale for psychiatric disorder diagnoses, and considering functional impairment for cervical spine disability.
- Claimed conditions
- diabetes mellitus type II, erectile dysfunction, acquired psychiatric disorder, cervical spine disability, lumbar spine disability, left shoulder disability, right shoulder disability, left hip disability, right hip disability, traumatic brain injury (TBI), headache disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2024
- Citation
- A24014851
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 A24014851.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Veteran's claims regarding entitlement to service connection for a headache disability and entitlement to an initial disability rating in excess of 10 percent prior to May 29, 2014, and in excess of 20 percent thereafter for right tibiofibular ligament strain are being remanded due to the need for additional development.
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