The Board has remanded the claims of compensation under 38 U.S.C. § 1151 for diabetes mellitus, type II; compensation under 38 U.S.C. § 1151 for kidney cancer; and entitlement to aid and attendance allowance for Rosemary Ward due to a failure to request the Veteran's medical records prior to May 2008.
The deciding factor: The Board found that the AOJ did not substantially comply with the April 2020 Board remand directives, which required obtaining all outstanding VA and private treatment medical records dated prior to May 2008. The failure to request these records prevented the VA examiner from addressing any available records prior to May 2008 in the VA examination.
- Claimed conditions
- diabetes mellitus type II, kidney cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2024
- Citation
- A24082559
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 A24082559.
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.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Granted
The Board has granted service connection for erectile dysfunction, which is secondary to the Veteran's service-connected diabetes mellitus type II and panic disorder with insomnia. The decision finds that the evidence is at least evenly balanced as to whether the erectile dysfunction was caused by these conditions.
- Remanded (sent back)
The Board has granted a 20% rating for diabetes mellitus type II from June 20, 2020. The right ankle scar claim is remanded due to the Veteran's failure to report for a scheduled examination. The GERD secondary to diabetes mellitus claim and TDIU issue are also remanded.
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