The veteran's claim for an earlier effective date for service connection of Type II diabetes mellitus was denied as the effective date cannot be earlier than September 12, 2002.
The deciding factor: The amendment to 38 C.F.R. § 3.309(e) providing for presumptive service connection in the case of a Vietnam veteran for Type II diabetes as a result of presumed exposure to herbicides was a liberalizing VA issue at the direction of the Secretary, and the effective date of an award of service connection pursuant to that liberalizing VA issue may not be earlier than the date of the act or administrative issue. The veteran's claim was considered by VA on September 12, 2003.
- Claimed conditions
- Type II diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2005
- Citation
- 0526192
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. Search VA.gov for the original decision (opens in a new tab) using citation 0526192.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for Type II diabetes mellitus and diabetic retinopathy, finding that these conditions are related to the Veteran's service-connected PTSD.
- Whole decision: Granted
The Board has granted service connection for type II diabetes mellitus, finding that the Veteran was exposed to herbicide agents during his service at Udorn RTAFB and thus meets the criteria for presumptive service connection.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for type II diabetes mellitus, finding that his service-connected left ankle disability, lumbar spine disability, cervical spine disability, left knee pain, left hip pain, and loss of use of the left big toe disabilities have caused him to become obese, which in turn led to his development of type II diabetes mellitus.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to insufficient evidence in the March 2025 decision. The Board requires a medical opinion from CEAT regarding the Veteran's need for personal care services and supervision.
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