The Board has found that substantial compliance with its previous November 2023 remand directives was not met, and thus the claims for loss of digit on right hand, peripheral neuropathy of the bilateral upper extremities, erectile dysfunction, and eye condition are being remanded due to a failure to obtain medical opinions as instructed.
The deciding factor: The Board found that substantial compliance with its previous November 2023 remand directives was not met, specifically regarding obtaining medical opinions for the issues on appeal. The failure to do so is considered a Stegall violation and requires remand.
- Claimed conditions
- loss of digit on right hand, peripheral neuropathy of the bilateral upper extremities, erectile dysfunction, eye condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 11, 2024
- Citation
- 24015793
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 24015793.
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 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 claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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