The Board has restored the service connection for right and left leg peripherovascular venous insufficiency as secondary to Diabetes Mellitus due to a failure to provide the Veteran with a hearing prior to the severance of this condition.
The deciding factor: The failure to afford the Veteran a hearing within 30 days of the proposed severance rendered the decision void ab initio, allowing for restoration of service connection by operation of law.
- Claimed conditions
- right and left leg peripherovascular venous insufficiency, Diabetes Mellitus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2011
- Citation
- 1130396
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 1130396.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's appeal was granted for various disabilities, including service connection for depressive disorder and increased evaluations for diabetic peripheral neuropathy affecting multiple nerve groups. A SMC based on need for aid and attendance was also awarded.
- 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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