The Board denied the veteran's claims for increased ratings for diabetic neuropathy of the left and right upper extremities, as well as his claim for an earlier effective date for TDIU and Dependents' Educational Assistance under 38 U.S.C. Chapter 35.
The deciding factor: The evidence did not meet the threshold to warrant a finding that there was a factually ascertainable increase in disability during the 1-year period preceding the date of receipt of claims, or that application for TDIU and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was received within one year after such an increase.
- Claimed conditions
- left upper extremity diabetic neuropathy, right upper extremity diabetic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2008
- Citation
- 0830826
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 0830826.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's left upper extremity diabetic neuropathy, right upper extremity diabetic neuropathy, and erectile dysfunction are complications of his diabetes mellitus, type II. The Board grants earlier effective dates for these conditions starting from July 18, 2024.
- Denied
The Veteran's TDIU claim was denied as he has been gainfully employed and his income exceeded the federal poverty level, thus meeting one of the economic components for a TDIU. The Board found that the non-economic component (ability to secure and follow substantially gainful employment) is not met due to inconsistencies in the employer's statements regarding the Veteran's part-time vs full-time status.
- Denied
The Veteran's claim for service connection for diabetes mellitus type II and related neuropathies was denied as there is no persuasive evidence of herbicide exposure during service.,Service connection for erectile disorder secondary to diabetes mellitus type II was also denied.
- Dismissed
The Veteran withdrew all pending appeals, including those for increased ratings and service connection claims.
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