The Board found that the evidence of record did not establish that the awards of service connection for type II diabetes mellitus and diabetic retinopathy were clearly and unmistakably erroneous, thus severing these awards was improper.
The deciding factor: The VA opinions in this case share a common defect, as they essentially conclude that it is more likely than not that the veteran manifests type I diabetes mellitus. None of these opinions certify that the initial diagnosis was clearly erroneous, or clearly state that it is undebatable that the veteran manifests type I diabetes mellitus.
- 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
- 0900768
Veterans Law Judge
Decisions by this judge: 386 · Granted: 25% (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 0900768.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back disorder, high blood pressure, and type II diabetes mellitus due to errors in development of the claim.
- Remanded (sent back)
The Board has remanded the claims for asthma, hypertension with residuals including stroke, DM II, bilateral amputation of all toes, and diabetic neuropathy to obtain VA medical opinions regarding the nature and etiology of these conditions.,The Board also remanded the claim for ED as it is inextricably intertwined with the DM II claim.
- Granted
The Veteran's service-connected PTSD prevented him from securing and following a substantially gainful occupation.,Given the grant of TDIU based on his service-connected PTSD, the Veteran has a single service-connected disability rated as total (PTSD) and additional service-connected disabilities independently ratable at 60 percent or more.
- Dismissed
The Veteran withdrew all appeals regarding his service-connected conditions and related disability ratings, effective as of March 16, 2026.
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