The Board found that new and material evidence had not been received to reopen the claim of service connection for diabetes mellitus, Type II. The secondary service connection claim for peripheral neuropathy of the upper and lower extremities was also denied as there is no evidence suggesting a direct relationship between the veteran's service-connected diabetes mellitus and his current condition.
The deciding factor: The Board determined that the veteran did not meet the threshold legal requirement for establishing secondary service connection because he had not established service connection for the primary disability (diabetes mellitus).
- Claimed conditions
- Diabetes mellitus, Type II, Peripheral neuropathy of the upper and lower extremities
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 13, 2008
- Citation
- 0839073
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 0839073.
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: Remanded (sent back)
The Veteran's claims for service connection for bladder cancer and diabetes mellitus, Type II are remanded due to errors in the VA opinion regarding exposure to herbicides and toxic substances during his military service.
- Whole decision: Remanded (sent back)
The Veteran's TDIU claim is being remanded as the Board cannot determine when he first became unemployable due to his service-connected disabilities.,The Veteran's PTSD rating is being remanded because it was not factually ascertainable that he met the criteria for a 100% rating within one year prior to filing his claim.
- Whole decision: Dismissed
The Board dismissed the appeal of a proposed severance of service connection for peripheral neuropathy, secondary to diabetes mellitus type II (DM II), as it was not an adverse final decision by the AOJ.
- Whole decision: Partly granted
The Board granted readjudication of the claims for service connection for congestive heart failure and diabetes mellitus, Type II based on new and relevant evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.