The Board dismissed the Veteran's claims of service connection for TMJ disorder, diabetes mellitus type II, polyneuropathy of the lower extremities, and kidney disorder. The decision also denied his claim under 38 U.S.C. § 1151 for diabetes mellitus type II.
The deciding factor: The Veteran's diabetes was not caused by VA’s failure to timely diagnose and treat it, as he had been advised of the diagnosis and treatment options prior to developing severe symptoms.
- Claimed conditions
- TMJ disorder, diabetes mellitus, type II, polyneuropathy of the lower extremities, kidney disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186959
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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.
- Partly granted
The Board granted service connection for left knee strain, right knee strain, and right hip strain as secondary to the appellant's service-connected bilateral foot disabilities. The claim for a TMJ disorder was denied, along with other claims for increased ratings.
- 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.
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