The Veteran's foot ulcers and kidney disability are not related to his active service, as there is no evidence of these conditions during or within one year after separation from service. The back disability was productive of forward flexion greater than 30 degrees but not greater than 60 degrees.,There is insufficient evidence to establish a connection between the Veteran's kidney disability and his active service.
The deciding factor: The lack of evidence of foot ulcers and kidney disabilities during or within one year after separation from service, coupled with the absence of any indication that these conditions were present to a compensable degree within a year of separation, precludes service connection for these conditions.,There is no evidence showing that the Veteran's kidney disability was incurred in or aggravated by his active service.
- Claimed conditions
- foot ulcers, kidney disability, back disability (lumbar spine with spinal stenosis), bilateral diabetic retinopathy with diabetic macular edema, dry eye syndrome, bilateral glaucoma suspect vs open angle glaucoma, and anisocoria (bilateral eye/vision disability), right hand diabetic neuropathy, left hand diabetic neuropathy, left foot diabetic neuropathy, right foot and leg amputation below the knee (BKA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2024
- Citation
- A24026837
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 A24026837.
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 Board has granted service connection for kidney disability and urinary incontinence with hematuria. The remaining issues of service connection for psychiatric disability, migraine headaches, and macrocytic anemia are remanded for further consideration.
- Remanded (sent back)
The Board has remanded the case due to inadequate opinions regarding secondary service connection for kidney cancer, specifically whether it is aggravated by service-connected hypertension and diabetes. The Veteran's claim will be reconsidered with new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and potential duty-to-assist errors. The Veteran is seeking service connection for migraine headaches, which he contends are secondary to his service-connected tinnitus, diabetes mellitus, and asthma. He also seeks service connection for a kidney disability manifested by kidney stones and a weak right kidney, which he asserts is related to his service-connected diabetes mellitus.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error related to VA's statutory duties under the PACT Act. The Veteran had presumptive exposure to herbicide agents, but there is no medical opinion on whether his kidney disability was related to any toxic exposure risk activity (TERA).
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