The Board determined that the grants of service connection for type II diabetes mellitus, coronary artery disease, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and impotence were clearly and unmistakably erroneous due to a lack of evidence linking these conditions to active service or exposure to herbicides.
The deciding factor: The Board found that the Veteran's disabilities were not shown during active service or until many years after separation from active service, and there was no competent clinical evidence linking them to his active service.
- Claimed conditions
- type II diabetes mellitus, coronary artery disease, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, impotence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909174
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to Agent Orange exposure during the Veteran's service in Vietnam.
- 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.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
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.