The Veteran's claim for an effective date prior to June 30, 2005 for diabetes mellitus was denied as there is no evidence of a prior claim. The Veteran's low back strain was rated at 40 percent disabling and the Board found that the rating assigned was appropriate based on the current level of disability.,The Veteran's low back strain was rated at 40 percent disabling, which was continued from his original service connection in August 1979. The claim for an increased rating was denied as there is no evidence to support a higher rating.
The deciding factor: The effective date of the award of service connection for diabetes mellitus could not be earlier than June 30, 2005 because the Veteran did not file a prior claim. The low back strain was rated at 40 percent disabling based on the current level of disability and there is no evidence to support an increased rating.
- Claimed conditions
- Diabetes Mellitus, Low Back Strain
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 28, 2009
- Citation
- 0941004
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 0941004.
What this means for you
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What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Veteran's claims for service connection for hypertension and diabetes are being remanded due to the need for a VA examination to determine the etiology of these conditions.
- Granted
The Veteran's initial PCAFC application was granted in December 2022, effective from December 21, 2022. The Board found that the criteria for eligibility were met since his initial application in December 2020.
- Granted
The Veteran's TDIU and DEA were granted effective July 18, 2020. The case involves the Veteran's service-connected disabilities including PTSD, OSA, diabetes, cataracts, neuropathy, and other conditions.
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