The Veteran's claim for service connection for type 2 diabetes mellitus was denied as he did not serve in the Republic of Vietnam and there is no evidence of exposure to Agent Orange. The claims for increased ratings for bilateral pes planus were also denied.
The deciding factor: The Veteran served at Fort Drum, New York, but not during a time when Agent Orange was used. There is no evidence of actual exposure to Agent Orange in 1964-1965, and the service connection regulation requires that the Veteran be exposed to an herbicide agent.
- Claimed conditions
- Type 2 diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2010
- Citation
- 1040194
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 1040194.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board vacates the September 2022 decision denying service connection for type 2 diabetes mellitus due to the passage of the PACT Act, which expanded presumptive exposure to herbicides. The Veteran's service was not found to be in offshore Vietnam or any other location where herbicide exposure is presumed. As a result, his claim for service connection cannot be substantiated.
- Denied
The Veteran's death was not caused by a disability incurred in or aggravated during his military service, and the Board denied entitlement to service connection for the cause of death.
- Denied
The Veteran's claim for an increased rating for migraine headaches was denied as there were no prostrating attacks. The claim for TDIU was also denied due to the Veteran's ability to maintain a substantially gainful occupation despite his service-connected disabilities.
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