The Board denied reopening the claims for service connection for diabetes mellitus type II, hypertension, neuropathy, retinopathy, renal failure, and a foot ulcer due to lack of evidence verifying the Veteran's presence in Vietnam. The new evidence received since July 2002 is cumulative and redundant.
The deciding factor: The new evidence does not establish that the Veteran was exposed to Agent Orange or any other presumptive exposure while serving in Vietnam.
- Claimed conditions
- diabetes mellitus type II, hypertension, neuropathy of the left lower extremity, neuropathy of the right lower extremity, diabetic retinopathy, foot ulcer, renal failure
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 23, 2009
- Citation
- 0940285
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 0940285.
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 service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Whole decision: 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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