The Veteran's claims for earlier effective dates for service connection for diabetes and diabetic neuropathy of the left and right lower extremities due to herbicide exposure (Agent Orange) are denied. The effective date is assigned based on the date entitlement arose, which in this case is the date of diagnosis.
The deciding factor: The Veteran did not file a claim within one year of his discharge from service for diabetes or its associated complications, and thus, the provisions of 38 C.F.R. § 3.816 do not apply. The effective dates are assigned according to general rules rather than the exception allowing for an earlier date based on diagnosis.
- Claimed conditions
- diabetes, diabetic neuropathy of the left lower extremity, diabetic neuropathy of the right lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19133009
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19133009.
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- Denied
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- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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