The veteran's claim for an earlier effective date for service connection for Type II diabetes, which is presumed due to herbicide exposure, was denied as the prior denial of the claim occurred before September 25, 1985 and thus is not subject to the Nehmer stipulation.
The deciding factor: The prior final decision on the veteran's claim for service connection for diabetes was made prior to September 25, 1985, which is when the Nehmer stipulation invalidating denials of claims filed or denied after that date took effect. Therefore, the effective date remains December 3, 1992.
- Claimed conditions
- Type II diabetes
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 16, 2005
- Citation
- 0507770
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 0507770.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for service connection for various conditions, including a left wrist fracture, bilateral hearing loss, Type II diabetes, bilateral glaucoma, OSA, cervical disc herniation, and other musculoskeletal issues are denied.,Service connection is not established for any of the claimed conditions.
- Partly granted
The Board granted service connection for coronary artery disease, Type II diabetes, and hypertension under the PACT Act. Peripheral arterial diseases were also granted as secondary to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of the Veteran's death and entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 due to duty to assist errors, including the need for a medical opinion regarding the etiology of the Veteran's causes of death.
- Partly granted
The Board granted service connection for a right shoulder, lumbar spine, and cervical spine disability but denied service connection for depression, hypertension, and diabetes.
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