The Veteran's claim for an effective date earlier than May 8, 2001 for the grant of service connection for bilateral diabetic retinopathy secondary to diabetes mellitus type II is denied as there was no formal or informal claim prior to February 2003. The effective date cannot be earlier than the liberalizing law and cannot be retroactive for more than one year from the date of application.
The deciding factor: The Veteran's claim for an earlier effective date lacks legal merit due to a lack of a formal or informal claim prior to February 2003, which is later than the effective date of May 8, 2001 established by liberalizing law.
- Claimed conditions
- diabetic retinopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 15, 2009
- Citation
- 0913944
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 0913944.
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: 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.
- Whole decision: Denied
The Veteran's initial ratings for diabetes and diabetic retinopathy were denied. The Board found that the current ratings adequately reflect the severity of his symptoms, including his need for eye injections to treat his diabetic retinopathy.
- Whole decision: Granted
The Board has granted service connection for Type II diabetes mellitus and diabetic retinopathy, finding that these conditions are related to the Veteran's service-connected PTSD.
- Whole decision: Dismissed
The Board has dismissed the appeals regarding various service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
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