The Board remands the claim for service connection for diabetes mellitus II due to a pre-decisional duty to assist error regarding potential herbicide exposure.
The deciding factor: The AOJ did not adequately develop the Veteran's claim for potential herbicide exposure prior to the September 2024 supplemental claim rating decision on appeal, constituting a pre-decisional duty to assist error.
- Claimed conditions
- diabetes mellitus II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25038947
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 appeal for service connection for coronary artery disease with stent placement, diabetes mellitus II, scarring of lungs and liver, hypertension, hypothyroidism, and obstructive sleep apnea was withdrawn by the Veteran through his attorney.
- Granted
The Board granted service connection for diabetes mellitus II, as due to herbicide exposure during the Vietnam War under the PACT Act.
- Denied
The Board denied the veteran's claims for service connection for diabetes mellitus II, heart disease, hypertension, and a skin/rash disorder as there was no evidence to support that these conditions were related to his military service.
- Granted
The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment from August 10, 2021.
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