The Board has dismissed the appeals for earlier effective dates for service connection and SMC based on the need for aid and attendance due to the Veteran's death.
The deciding factor: Due to the Veteran's death, the Board lacks jurisdiction to adjudicate the merits of his appeal.
- Claimed conditions
- diabetic nephropathy, need for aid and attendance
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2019
- Citation
- 19137268
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (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 19137268.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 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.
- Granted
The Board has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Granted
The Veteran's service connection for diabetes mellitus type II and related conditions, including diabetic nephropathy, bilateral upper extremity neuropathies, and lower extremity neuropathies is granted effective August 10, 2022.
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