The Board has remanded the case due to a duty-to-assist violation where the VA Regional Office incorrectly denied the appellant's supplemental claim for service connection for the Veteran's cause of death. The matter is now being adjudicated again.
The deciding factor: There was an error in how the VA Regional Office handled the appellant's supplemental claim, leading to a duty-to-assist violation.
- Claimed conditions
- Diabetes
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2024
- Citation
- A24083525
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 A24083525.
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 the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Granted
The Veteran's TDIU, SMC on housebound basis, and DEA benefits are granted effective October 16, 2019. The Board found the Veteran unable to secure or follow a substantially gainful occupation due to his service-connected right lung lobectomy.
- Remanded (sent back)
The Veteran's appeal is being remanded due to a duty to assist error. The VA needs to obtain examination reports and determine if the service-connected conditions meet the criteria for specially adapted housing and special home adaptation grant.
- Denied
The Board has denied service connection for obstructive sleep apnea and remanded the claims of service connection for diabetes and prostate cancer. The Veteran's current diagnoses of OSA, diabetes, and prostate cancer are not supported by evidence showing a current disability at any time during or recent to the filing of his claim.
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