The Board denied the Veteran's claims for earlier effective dates and service connection, finding that an effective date earlier than February 17, 2004, for the award of service connection for type II diabetes mellitus is not warranted. The Board also found that further development was required to address the issues of heart disorders, peripheral vascular disease, and bilateral carotid artery stenosis.
The deciding factor: The effective date for an award of disability compensation based on an original claim for direct service connection cannot be earlier than the effective date of the act or administrative issue. In this case, the Veteran's claim was received more than one year after the effective date of the law establishing a presumption of service connection for type II diabetes mellitus.
- Claimed conditions
- atherosclerotic heart disease, peripheral vascular disease of the bilateral lower extremities, bilateral carotid artery stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2009
- Citation
- 0939469
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 0939469.
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 Veteran's appeal seeking an initial compensable rating for bilateral carotid artery stenosis is dismissed. A separate 10 percent rating is granted for supraventricular arrhythmia (paroxysmal atrial fibrillation). The appeal of the VA notification letter regarding his March 2025 supplemental claim for SMC (A&A) is also dismissed.
- Granted
The Board has granted DIC benefits based on service connection for the cause of the Veteran's death, finding that his service-connected prostate cancer and its treatment caused his death due to side effects from Zytiga.
- Denied
The Veteran's death due to cardiac arrest and atherosclerotic heart disease was not related or attributable to his military service, thus denying the claim for service connection for cause of death.
- Dismissed
The Veteran's appeals for ratings on four different conditions have been dismissed due to his death during the appeal process.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.