The appeal was denied as new and material evidence was not presented to reopen the claims for painful joints, a disability manifested by change of heart beat, and an increased rating for diabetes mellitus. The Veteran's service-connected diabetes mellitus was treated with a restricted diet prior to August 11, 2006, and there is no evidence that it required insulin treatment.
The deciding factor: The claims were denied as the additional evidence did not relate to an unestablished fact necessary to substantiate the claims for painful joints or change of heart beat. Additionally, the Veteran's diabetes mellitus was treated by a restricted diet alone prior to August 11, 2006, and there is no evidence that it required insulin treatment.
- Claimed conditions
- painful joints, disability manifested by change of heart beat
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905066
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.
- Denied
The Board denied service connection for muscle pain and painful joints, as there was no evidence of a current disability related to these conditions during the Veteran's active duty or in the years following.
- Remanded (sent back)
The Board remands the service connection claim for painful joints as it is intertwined with another issue regarding the character of discharge from service.
- Partly granted
The Board granted service connection for cervical, thoracic, and lumbar spine disabilities, bilateral pes planus and plantar fasciitis, tinnitus, chronic sinusitis, allergic rhinitis, digestive disabilities including irritable bowel syndrome with abdominal pain and nausea, pelvic organ disabilities, iron deficiency anemia, and genital herpes. Service connection was denied for acne, tendonitis, fibromyalgia, painful joints, left shin splints, right shin splints, left ankle condition, right ankle condition, left carpal tunnel syndrome, right carpal tunnel syndrome, respiratory infection, GERD, PTSD, anxiety condition, manic-depressive reaction, and psychiatric disorder other than unspecified depressive disorder with symptoms of suicidal ideation. An initial 50% rating was granted for the service-connected unspecified depressive disorder.
- Denied
The Board denied service connection for all the conditions claimed by the Veteran, as there was no competent medical evidence of a current disability during the appeal period.
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