The Board has determined that the severance of service connection for type 2 diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and entitlement to special monthly compensation is denied due to clear and unmistakable error in granting these conditions based on presumed exposure to herbicides.
The deciding factor: The Veteran's service was not found to include service in Vietnam as defined by VA regulations, thus his presumptive service connection for diabetes mellitus and related peripheral neuropathies cannot be maintained.
- Claimed conditions
- Type 2 diabetes mellitus, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- May 23, 2011
- Citation
- 1119888
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. Read the original VA decision (opens in a new tab) using citation 1119888.
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: 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.
- Whole decision: Granted
The Veteran's claim for an initial 70 percent rating for service-connected peripheral neuropathy of the right upper extremity is granted. The Board also remanded the issue of entitlement to SMC based on a need for aid and attendance.
- Whole decision: Granted
The Board has granted service connection for peripheral neuropathy of the upper extremities and remanded the issue of esophageal cancer.
- Whole decision: Granted
The Veteran's peripheral neuropathy of the right upper extremity, spinal disability, and hypertension with acute renal failure are all granted. The rating for spinal disability is restored to 20 percent effective January 6, 2020. An increased rating for hypertension with acute renal failure is denied.
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.