The Veteran's claim for an effective date prior to January 15, 2009 for the grant of service connection for diabetes mellitus, type II, including as due to herbicide exposure is denied. The Board found that he does not meet the criteria for retroactive payment and the Nehmer stipulations are inapplicable.
The deciding factor: The Veteran's claim was not eligible for a retroactive effective date and the Nehmer stipulations were not applicable because he did not have a denial of compensation or a pending claim before May 8, 2001. The effective date must be assigned pursuant to 38 C.F.R. �� 3.400.
- Claimed conditions
- diabetes mellitus, type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 14, 2014
- Citation
- 1410799
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 1410799.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
- Granted
The Board has granted service connection for diabetes mellitus, type II, as secondary to the Veteran's service-connected PTSD. The decision finds that the Veteran's diabetes mellitus, type II is proximately due to his service-connected PTSD.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Granted
The Board has granted service connection for diabetes mellitus, type II and left arm tremors. Service connection for right hand tremors is also granted. The Veteran's tinnitus claim was denied as there is no current diagnosis of tinnitus.
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