The Board remands the claims for initial compensable ratings due to a pre-decisional duty to assist error, specifically regarding notice of the right to a hearing under 38 C.F.R. § 3.103(d)(1).
The deciding factor: A duty to assist error occurred as the Veteran was not provided proper notice of his right to a hearing prior to the July 2024 rating decision.
- Claimed conditions
- right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy, right lower extremity diabetic neuropathy, left lower extremity diabetic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 30, 2025
- Citation
- A25048090
Veterans Law Judge
Decisions by this judge: 931 · Granted: 42% (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 A25048090.
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 Veteran's appeal was dismissed due to his death during the pendency of the appeal. The issues concerning effective dates and disability ratings are not addressed as they were not decided.
- Granted
The Board has granted service connection for type II diabetes mellitus and left and right lower extremity diabetic neuropathy as secondary to the Veteran's service-connected type II diabetes mellitus.
- Granted
The Veteran's left upper extremity diabetic neuropathy, right upper extremity diabetic neuropathy, and erectile dysfunction are complications of his diabetes mellitus, type II. The Board grants earlier effective dates for these conditions starting from July 18, 2024.
- Denied
The Board has denied the Veteran's claims for service connection for left and right lower extremity diabetic neuropathy as secondary to his service-connected lumbar spine disability, finding that there is no evidence linking these conditions to his military service.
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.