The Veteran's claims regarding cellulitis, earlier effective date for diabetes mellitus, reopening of hypertension claim, diabetic retinopathy, and right foot disability are dismissed. The Veteran's claim for increased rating for diabetes mellitus is granted with a 20% rating. The initial ratings for cataracts and CVA remain at noncompensable until February 18, 2005, and 10%, respectively.
The deciding factor: The Veteran withdrew his appeal regarding cellulitis at his July 2009 hearing. The claim for earlier effective date for diabetes mellitus was dismissed as a matter of law due to the expiration of the appeal period and the nature of the decision. Service connection for hypertension was reopened based on new evidence, but it is not considered causal or etiologically related to service or any service-connected disability.
- Claimed conditions
- cellulitis, diabetes mellitus, hypertension, diabetic retinopathy, right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 6, 2013
- Citation
- 1328583
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 1328583.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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