The veteran withdrew his appeals for earlier effective dates of service connection for type II diabetes mellitus and diabetic retinopathy.
The deciding factor: The veteran testified at a hearing that he wished to withdraw these specific appeals.
- Claimed conditions
- type II diabetes mellitus, diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900703
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased rating in excess of 20 percent for type II diabetes mellitus to address a pre-decisional duty to assist error regarding VA not requesting private treatment records.
- Remanded (sent back)
The Board denied an effective date prior to April 11, 2013, for the award of service connection for diabetic retinopathy and grade 2+ anterior vacuoles due to a lack of evidence indicating an intent to apply for benefits or communication related to these conditions before that date.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for type II diabetes mellitus due to a need for an additional medical opinion.
- Partly granted
The Board granted service connection for diabetic retinopathy, chronic kidney disease, a heart disability, erectile dysfunction, hypertension, a colon disability, major depressive disorder, and diabetes mellitus, type 2. The claims for PTSD, chronic kidney disease, diabetes mellitus, type 2, and hypertension were denied.
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.