The Board remands the claims for service connection for low back disability, diabetes mellitus type II, and peripheral neuropathy of both upper and lower extremities to correct duty to assist errors related to the Veteran's reported toxic exposure at Fort McClellan.
The deciding factor: Remand is required due to a duty to assist error that occurred prior to the decision on appeal, specifically regarding the verification of the Veteran's reported toxic exposure at Fort McClellan and obtaining VA examinations with corresponding etiological opinions for the claimed issues.
- Claimed conditions
- Low back disability (mild degenerative changes, lumbar spine and/or back condition), Diabetes mellitus type II, Peripheral neuropathy, right upper extremity, Peripheral neuropathy, left upper extremity, Peripheral neuropathy, right lower extremity, Peripheral neuropathy, left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 13, 2025
- Citation
- A25042789
Veterans Law Judge
Decisions by this judge: 793 · Granted: 28% (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 A25042789.
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 service connection for peripheral neuropathy in both upper extremities and the TDIU claim prior to July 12, 2011. The Veteran's disabilities alone did not render him unemployable at that time.
- Remanded (sent back)
The Board has remanded the claims of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
- Remanded (sent back)
The Board has remanded the claims of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
- Remanded (sent back)
The Board has remanded the issues of service connection for fibrous dysplasia of sphenoid bone and diabetes mellitus type II due to potential errors in obtaining medical opinions. The Veteran's claims will be reconsidered with new evidence.
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