The Board found that the March 2011 statement was not a timely filed Notice of Disagreement and denied both issues. The motion for reversal or revision of the June 2009 rating decision on the basis of clear and unmistakable error was also denied.
The deciding factor: There is no evidence of an 'undebatable' error, which, had it not been made, would have manifestly changed the outcome at the time it was made. The RO applied the correct statutory and regulatory provisions to the facts.
- Claimed conditions
- diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2016
- Citation
- 1624069
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 1624069.
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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