The Board remands the claims for service connection for type 2 diabetes, tongue cancer, and chronic kidney condition to correct a duty to assist error.
The deciding factor: A duty to assist error occurred prior to the rating decision on appeal regarding the Veteran's reported route to the USS Constellation while at Yankee Station.
- Claimed conditions
- chronic kidney condition (also claimed as kidney failure and kidney cancer), tongue cancer, type 2 diabetes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025304
Veterans Law Judge
Decisions by this judge: 699 · Granted: 12% (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 A25025304.
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 claims for service connection due to a duty to assist error, specifically regarding the Veteran's exposure to mercury in dental amalgams and asbestos during service. A VA medical opinion is needed to determine if these exposures are related to his claimed disabilities.
- Granted
The Veteran's TDIU claim is granted effective September 18, 2023. Effective that date, the Veteran also becomes eligible for DEA benefits and has an effective date of service connection for various conditions.
- Granted
The Veteran's effective dates for prostate cancer and type 2 diabetes have been granted from April 6, 2022.,The Veteran's prostate cancer increased rating issue and entitlement to TDIU are pending on remand.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error and will consider any evidence submitted after the AOJ decision on appeal. The Veteran's claim for service connection for sleep apnea was previously denied, but there is new evidence received by the RO that supports this finding.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.