The Board dismissed the veteran's appeal for an initial evaluation in excess of 60 percent for diabetes mellitus type II, as he withdrew his appeal. The issue of service connection for arterial hypertension secondary to service-connected diabetes mellitus type II is pending.
The deciding factor: The appellant withdrew his appeal concerning the initial evaluation in excess of 60 percent for diabetes mellitus type II.
- Claimed conditions
- arterial hypertension
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2004
- Citation
- 0409051
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0409051.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claims for entitlement to service connection for the Veteran's cause of death and entitlement to DIC under 38 U.S.C. §1151, as there was no evidence that any of the listed conditions were related to the Veteran's active service.
- Denied
The Board denied service connection for the cause of the Veteran's death, finding that his acute myocardial infarction, pulmonary fibrosis, congestive heart failure, and arterial hypertension were not related to his military service.
- Denied
The Veteran's death was caused by ischemic heart disease, which is a recognized presumptive disease for exposure to herbicide agents. However, the appellant did not have any pending claims at the time of the Veteran's death and thus is not eligible for accrued benefits.
- Granted
The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment since May 31, 2009.,The earliest date the criteria for Dependents' Educational Assistance eligibility was met was on May 31, 2009.
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