The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus II was denied. The RO granted service connection on a presumptive basis, but did not assign an effective date prior to June 3, 2009.
The deciding factor: The effective date could only be earlier than June 3, 2009 if the Veteran's claim for diabetes mellitus II was pending before May 8, 2001 or received between May 8, 2001 and the effective date of the statute establishing a presumption of service connection. Since neither condition existed, the earliest possible effective date is June 3, 2009.
- Claimed conditions
- diabetes mellitus II, diabetic nephropathy, diabetic retinopathy, peripheral neuropathy of bilateral lower extremities
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2015
- Citation
- 1526754
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 1526754.
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.
- Granted
The Board has granted the Veteran's claims for earlier effective dates for service connection of coronary artery disease, diabetes mellitus type II, diabetic nephropathy, and prostate cancer. The issues of entitlement to special monthly compensation based on housebound status and eligibility for Dependents' Educational Assistance (DEA) are remanded.
- Remanded (sent back)
The Board has remanded the claims for asthma, hypertension with residuals including stroke, DM II, bilateral amputation of all toes, and diabetic neuropathy to obtain VA medical opinions regarding the nature and etiology of these conditions.,The Board also remanded the claim for ED as it is inextricably intertwined with the DM II claim.
- Granted
The Veteran's service-connected diabetes mellitus II and associated conditions have produced impairment inconsistent with obtaining or following substantially gainful employment from June 12, 2017, to March 5, 2024. The Board grants a total disability rating based on individual unemployability (TDIU) for this period.
- Remanded (sent back)
The Board has determined that a remand is necessary to clarify the dates of bilateral partial foot amputations and their relationship to service-connected diabetes. The AOJ will obtain pertinent private treatment records to determine these details.
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