The Board dismissed all appeals related to increased evaluations for bilateral upper extremity diabetic peripheral neuropathy and diabetic retinopathy. The Veteran's claim for diabetes mellitus type II was granted with an effective date of January 16, 2014, but no earlier as the previous denial decisions were final. An effective date of November 15, 2005, but no earlier, was granted for diabetic retinopathy.
The deciding factor: The Veteran's diabetes mellitus type II has not been diagnosed and is not service-connected due to lack of evidence prior to January 16, 2014. The effective date for the grant of service connection for diabetes mellitus type II cannot be earlier than January 16, 2014.
- Claimed conditions
- diabetes mellitus type II, diabetic peripheral neuropathy of the left upper extremity, diabetic retinopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148209
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied service connection for coronary atherosclerosis, hypertension, diabetes mellitus type II, and penile cancer as there was no evidence of a medical nexus between the Veteran's conditions and his military service.
- Remanded (sent back)
The Board denied an effective date prior to April 11, 2013, for the award of service connection for diabetic retinopathy and grade 2+ anterior vacuoles due to a lack of evidence indicating an intent to apply for benefits or communication related to these conditions before that date.
- Remanded (sent back)
The Board remands the matter to correct a pre-decisional duty-to-assist error, specifically to verify the Veteran's assertion of herbicide exposure while working on C-123 aircraft at Clark Air Base from May 1965 to November 1966.
- Denied
The Board denied service connection for multiple conditions, including rheumatoid arthritis, right hip degenerative joint disease and rheumatoid arthritis with acetabular cyst status post right total hip replacement, osteoarthritis, psoriatic arthritis, hypertension, prostate cancer, diabetes mellitus type II, fever sores, and a compromised immune system, as the evidence did not support a finding of service connection for any of these conditions.
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