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. Look up the original decision on VA.gov (opens in a new tab) using citation 18140404.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board denied increased ratings for persistent depressive disorder and diabetes mellitus type II, granted an increased rating of 10 percent for hypertension, and granted an increased rating of 20 percent for bilateral hearing loss. The Board also remanded service connection for cardiac arrhythmia.
- Dismissed
The Board dismissed the petitions to reopen claims for service connection for diabetes mellitus type II and a right wrist condition due to the withdrawal of the appeals by the Veteran's attorney.
- Partly granted
The Board granted service connection for diabetes mellitus type II and remanded the claims for erectile dysfunction and obstructive sleep apnea.
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