The Veteran's claims of service connection for diabetes mellitus, circulatory problem (to include a heart disorder), and foot and leg disorders were denied as there is no evidence of in-service exposure to herbicides/Agent Orange or any other form of presumptive service connection. The Veteran was not found to have served on land in the Republic of Vietnam.
The deciding factor: The Veteran did not serve in the Republic of Vietnam, nor does he have a confirmed history of inland waterway service there. His receipt of the Combat Action Ribbon is insufficient to establish such service.
- Claimed conditions
- Type 2 diabetes mellitus, circulatory problem (to include a heart disorder), foot and leg disorders
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2010
- Citation
- 1043942
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 1043942.
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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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