The Board has granted service connection for type II diabetes mellitus associated with presumed herbicide exposure, but the effective date remains at the date of receipt of the claim due to a legal exception created by Nehmer v. VA.
The deciding factor: The veteran's claim was received in November 2000 and he is entitled to an earlier effective date based on the liberalizing regulation added in July 2001, but the Court's orders mandate that the effective date be set at the date of receipt of his claim.
- Claimed conditions
- type II diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2004
- Citation
- 0413574
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 0413574.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Partly granted
The Board granted service connection for a cervical spine disorder and denied an earlier effective date prior to August 3, 2014, for the award of service connection for a postoperative hernia repair scar.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for type II diabetes mellitus due to a need for an additional medical opinion.
- Granted
The Board granted service connection for type II diabetes mellitus and hypertension, finding that both conditions are related to the Veteran's military service.
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