The Board remands the claims for service connection for diabetes and peripheral neuropathy in the upper and lower extremities to correct an error by the AOJ in satisfying a regulatory duty.
The deciding factor: Remand is required due to the AOJ's failure to provide notice of the Veteran's right to a hearing before issuing its initial decision on appeal, which was during a period where VA had a duty to assist in substantiating his claim.
- Claimed conditions
- diabetes, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072139
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.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to Agent Orange exposure during the Veteran's service in Vietnam.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Partly granted
The Board denied service connection for dermatochalasis, meibomian gland dysfunction, and blepharitis. The claims for lumbosacral strain, left lower extremity radiculopathy (sciatic nerve), right shoulder tendinopathy, diabetes, and prostate cancer with urinary incontinence status-post prostatectomy were remanded.
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