The Veteran's appeal for an increased rating of diabetes mellitus with diabetic retinopathy was withdrawn prior to the issuance of a decision. The remaining issues regarding increased ratings for diabetic neuropathy of the right upper and bilateral lower extremities are being remanded.
The deciding factor: The Veteran withdrew his appeal for an increased rating of diabetes mellitus with diabetic retinopathy, leaving only the remaining issues of increased ratings for diabetic neuropathy to be addressed.
- Claimed conditions
- diabetes mellitus with diabetic retinopathy, diabetic neuropathy of the right upper extremity, diabetic neuropathy of the left lower extremity, diabetic neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2009
- Citation
- 0936297
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 0936297.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board has granted service connection for coronary artery disease and diabetes mellitus type II on a presumptive basis due to herbicide exposure, and also granted service connection for diabetic neuropathy of the right upper, right lower, left upper, and left lower extremities.
- Granted
The Board has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Remanded (sent back)
The Board has granted an effective date of August 19, 2019 for the award of service connection for diabetes mellitus. The RO must now assign initial disability ratings for diabetic nephropathy (kidney disease), erectile dysfunction, and diabetic neuropathy of the lower extremities from August 19, 2019 to August 9, 2022. Effective dates prior to August 10, 2022, for service connection for these conditions are also remanded.
- Denied
The Veteran's claims for service connection for various conditions, including colon cancer, sleep apnea, respiratory disability, type II diabetes mellitus, enlarged prostate, diabetic neuropathy, heart disability, and acquired psychiatric disability were denied as there was no persuasive evidence to support the assertions.
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