The Board denied requests for earlier effective dates for service connection awards of diabetes mellitus and peripheral neuropathy of the bilateral lower extremities, finding that no prior unadjudicated claims existed.
The deciding factor: The Veteran did not file a formal or informal claim for these conditions before December 27, 2010, as evidenced by his VA Form 21-4138 filings and medical records indicating diagnoses of diabetes and peripheral neuropathy since 2005. These documents do not constitute initial claims.
- Claimed conditions
- diabetes mellitus, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180310
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for asthma and remanded the claims for sinus disability, bilateral hip disability, right shoulder disability, hypertension, sleep apnea, diabetes mellitus, skin disability, back disability, bilateral neurological disability of the upper extremities, and bilateral neurological disability of the lower extremities.
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