The Veteran's application for Legacy S-DVI was denied due to his history of liver cancer, Hepatitis C, and GERD. The Board has determined that the decision on appeal is flawed due to a lack of underwriting procedures compliance and procedural errors in notification.
The deciding factor: The decision on appeal failed to comply with the Veterans Benefits Manual's requirements for underwriting procedures and did not provide adequate notice of decisions by the Secretary.
- Claimed conditions
- Diabetic nephropathy, Hypertension, Coronary artery disease, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left upper extremity, Diabetes mellitus with erectile dysfunction and psoriasis, Peripheral neuropathy of the left lower extremity involving the sciatic nerve, Peripheral neuropathy of the right lower extremity involving the sciatic nerve, Peripheral neuropathy of the left lower extremity involving the femoral nerve, Peripheral neuropathy of the right lower extremity involving the femoral nerve, Tinnitus, Acanthosis nigricans
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2024
- Citation
- A24041358
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 A24041358.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
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