The Board found that the appellant did not serve in Vietnam and thus is not entitled to a presumption of Agent Orange exposure. As such, service connection for diabetes mellitus type II cannot be granted based on this presumption.
The deciding factor: There was no objective evidence of in-country service in Vietnam, which is required for presumptive service connection due to Agent Orange exposure.
- Claimed conditions
- Diabetes Mellitus type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2006
- Citation
- 0602280
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 0602280.
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The Veteran's TDIU and DEA claims are remanded due to duty-to-assist errors prior to the rating decision on review. The effective date for TDIU is set at January 31, 2021, based on the last day of employment. However, the RO needs to obtain SSA records regarding earnings from July 2020 to January 31, 2021, to determine if the Veteran's employment was marginal.
- Denied
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The Board denied earlier effective dates for service connection of Diabetes Mellitus type II, Bilateral Upper Extremity Peripheral Neuropathy, and Bilateral Lower Extremity Peripheral Neuropathy as the earliest date of claim is April 5, 2024.
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