The Board denied service connection for diabetes mellitus and its complications, finding no evidence of exposure to herbicides during the veteran's service on the U.S.S. Kitty Hawk.
The deciding factor: The lay assertions of exposure to herbicides aboard the U.S.S. Kitty Hawk were outweighed by other evidence of record that was negative for evidence of such exposure.
- Claimed conditions
- Diabetes mellitus, type II, Peripheral vascular disease, Stroke, Heart condition, Impotency, Tooth and gum disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 17, 2009
- Citation
- 0905495
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0905495.
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: Dismissed
The Veteran's claim for service connection of a heart condition is dismissed as the Board has already granted it. The appeal for increased rating of PTSD is also dismissed due to the grant of service connection.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Whole decision: Remanded (sent back)
The Board has determined that remand is required for several issues, including service connection for stroke and memory loss, as well as an increased rating for PTSD. The AOJ must verify the Veteran's claimed in-service exposures, obtain all relevant treatment records, and provide a medical nexus opinion regarding the nature of his disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
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