The veteran's claims for higher ratings and earlier effective dates for service connection for diabetes mellitus and coronary artery disease were denied as he did not meet the eligibility criteria for retroactive benefits under a liberalizing law.
The deciding factor: The veteran filed his claims within one year of the May 8, 2001 effective date of the liberalizing provision, but there is no provision that would authorize an earlier effective date than May 8, 2001.
- Claimed conditions
- diabetes mellitus, coronary artery disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2006
- Citation
- 0603544
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.