The veteran's claims for service connection and SMC were granted by the RO on March 27, 2001. The appellant is seeking accrued benefits based on Nehmer stipulations, but there are no accrued benefits as the effective dates of the grants precede the date of payment.
The deciding factor: The effective dates for the grants of service connection and SMC were prior to the date of payment, making it impossible to award accrued benefits under Nehmer stipulations.
- Claimed conditions
- diabetes mellitus, peripheral neuropathy, coronary artery disease, angina, ischemic cardiomyopathy, congestive heart failure (CHF), chronic renal failure, diabetic retinopathy, cerebrovascular disease, carotid artery disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- February 11, 2004
- Citation
- 0403921
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 0403921.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied the Veteran's claim for service connection for chronic renal failure, finding that the evidence does not support a link between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus and bilateral knee strain to obtain additional medical opinions.
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