The veteran's claim for an earlier effective date was denied as the RO assigned January 27, 2003, which is one year prior to the receipt of his original claim.
The deciding factor: The effective date cannot be earlier than the date VA received the claim on which the prior denial was based or the date the disability arose, and in this case, it aligns with the date of the veteran's original claim.
- Claimed conditions
- type II diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901485
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.
- 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 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 bilateral hearing loss and an effective date of October 24, 2022, for obstructive sleep apnea. Other claims were denied or remanded.
- Denied
The Board denied service connection for type II diabetes mellitus, finding no evidence of the condition during service or within a year of discharge and no link to in-service exposure.
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