The Board determined that the Veteran's service connection for diabetes mellitus with oculopathy and progressive neuropathy, based on presumed exposure to herbicides as indicated by his Vietnam Service Medal, was clearly and unmistakably erroneous due to lack of actual service in Vietnam. As a result, the rating decision granting this condition was severed.
The deciding factor: The Veteran did not have documented service within the borders or waters offshore of the Republic of Vietnam, which is required for presumed exposure to herbicides under VA regulations.
- Claimed conditions
- Type II diabetes mellitus with oculopathy and progressive neuropathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- August 26, 2009
- Citation
- 0931977
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 0931977.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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