The Board has determined that the April 30, 2013 rating decision denying service connection for residuals of a cerebrovascular accident was based on clear and unmistakable error due to failure to consider evidence indicating the Veteran had diabetes mellitus type II prior to 2001. As a result, the decision is revised to grant service connection for residuals of a cerebrovascular accident as secondary to service-connected diabetes mellitus type II.
The deciding factor: The Board found that the RO committed both factual and legal errors in denying service connection due to failure to consider evidence indicating the Veteran had diabetes mellitus type II prior to 2001, which is required for secondary service connection.
- Claimed conditions
- Cerebrovascular accident, Diabetes mellitus type II
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 3, 2018
- Citation
- 18140404
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. Read the original VA decision (opens in a new tab) using citation 18140404.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
- Remanded (sent back)
The Board has remanded the claims of service connection for an acquired psychiatric disorder, basal cell carcinoma, bilateral pseudophakia, dry eye syndrome and blepharitis (bilateral eye conditions), diabetes mellitus type II, hypertension, and heart condition due to inadequate opinions regarding their etiology. The Veteran's exposure to asbestos is conceded.
- Remanded (sent back)
The Board has remanded the issues of service connection for fibrous dysplasia of sphenoid bone and diabetes mellitus type II due to potential errors in obtaining medical opinions. The Veteran's claims will be reconsidered with new evidence.
- Denied
The Veteran's claims for cerebrovascular strokes and chronic lymphocytic leukemia (CLL) are denied as there is no evidence of a nexus between these conditions and his military service.
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