The appeal is remanded to obtain a TERA memorandum and medical opinions addressing the Veteran's claimed conditions, including diabetes mellitus, renal failure, peripheral neuropathy of both lower extremities, and an acquired psychiatric disorder, in relation to his service and exposure to toxic substances.
The deciding factor: Remand necessary due to the Veteran's passing prior to the enactment of the PACT Act, which would have provided a new presumption for certain conditions based on exposure to toxic substances.
- Claimed conditions
- Diabetes mellitus, type II, Renal failure, Peripheral neuropathy of right lower extremity, Peripheral neuropathy of left lower extremity, Acquired psychiatric disorder, including anxiety and depression
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- February 28, 2025
- Citation
- 25002975
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25002975.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically regarding the lack of development related to Agent Orange exposure and solvent/asbestos exposure.
- Granted
The Board has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Denied
The Board denied an earlier effective date for DIC benefits, finding that the Appellant's claim was not properly reopened and that the earliest available effective date is June 14, 2021.
- Granted
The Veteran's spouse is granted an effective date of April 12, 2022 for dependency compensation based on the establishment of a disability rating in the percentage evaluation specified by law.
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