The Board has dismissed the appellant's claims of entitlement to earlier effective dates for service connection due to a final rating decision in May 2003 and June 2004, which cannot be revised based on clear and unmistakable error.
The deciding factor: The Court in Rudd v. Nicholson held that where a RO rating decision that established an effective date for an increased rating becomes final, an earlier effective date can only be established by a request for a revision of that decision based on CUE.
- Claimed conditions
- cause of the Veteran's death, end stage renal disease, arteriovenous fistula in the right arm, anemia, hepatomegaly, diabetes mellitus, type II
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2009
- Citation
- 0928054
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0928054.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
- Granted
The Board has granted service connection for diabetes mellitus, type II, as secondary to the Veteran's service-connected PTSD. The decision finds that the Veteran's diabetes mellitus, type II is proximately due to his service-connected PTSD.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Granted
The Board has granted service connection for diabetes mellitus, type II and left arm tremors. Service connection for right hand tremors is also granted. The Veteran's tinnitus claim was denied as there is no current diagnosis of tinnitus.
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