The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus, type II was denied as there is no clear and unmistakable error in the September 2013 rating decision.,The Veteran's claim that the September 2013 rating decision denying service connection for diabetes mellitus constituted a clear and unmistakable error (CUE) was also denied. The Board found that the facts were not clearly erroneous at the time of the decision.
The deciding factor: There is no clear and unmistakable error in the September 2013 rating decision denying service connection for diabetes mellitus.
- Claimed conditions
- diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004731
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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