The Board has decided to remand the substitution request and the entitlement to accrued benefits due to a regulatory error in not adjudicating the substitution request at the time of the Veteran's death. The relevant service treatment records, which showed the Veteran was diagnosed with diabetes during active duty, were associated after the June 2012 legacy decision.
The deciding factor: The Board found that there was a claim pending at the time of the Veteran's death due to the association of relevant service treatment records showing the Veteran was diagnosed with diabetes during active duty.
- Claimed conditions
- diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2024
- Citation
- A24048474
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 A24048474.
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 withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
- Granted
The Board has granted service connection for diabetes mellitus, type II, as secondary to the Veteran's service-connected PTSD. The decision finds that the Veteran's diabetes mellitus, type II is proximately due to his service-connected PTSD.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Granted
The Board has granted service connection for diabetes mellitus, type II and left arm tremors. Service connection for right hand tremors is also granted. The Veteran's tinnitus claim was denied as there is no current diagnosis of tinnitus.
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