The Veteran's service-connected type II diabetes mellitus substantially and materially contributed to his death from a cerebrovascular accident. The Board granted service connection for the cause of the Veteran’s death under 38 U.S.C. § 1310, rendering moot the issue of entitlement to DIC benefits under 38 U.S.C. § 1318.
The deciding factor: The private medical opinion from Dr. J.D. identified diabetes mellitus as a major contributor to cerebrovascular disease without considering hypertension, while the VA medical opinions were based on inaccurate or incomplete factual premises and did not adequately address whether the Veteran's service-connected type II diabetes mellitus combined to cause his death or aided in its production.
- Claimed conditions
- Type II Diabetes Mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 13, 2019
- Citation
- 19185377
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (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 19185377.
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.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for hypertension and type II diabetes mellitus due to a need for additional medical opinions regarding obesity as an intermediate step in causing or aggravating these conditions, and because of potential toxic exposure during service.
- Dismissed
The Veteran's appeal for a disability rating in excess of 20 percent for Type II Diabetes Mellitus has been dismissed due to the Veteran's withdrawal before the Board could make a decision.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
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