The Veteran was granted service connection for diabetes mellitus type II (DMII) effective April 7, 2008.,Service connection for resection of small intestine with ostomy under 38 U.S.C. § 1151 was granted effective October 16, 2009.,The Veteran's hypertension was granted service connection effective October 14, 2009.,Service connection for erectile dysfunction (ED) was granted effective March 8, 2011.
The deciding factor: The Veteran first became diagnosed with DMII on April 7, 2008. The claim was filed within one year of this diagnosis and thus the effective date is set at that time.,On October 16, 2009, the Veteran underwent surgery for resection of small intestine with ostomy and filed a statement under 38 U.S.C. § 1151 evidencing intent to file a claim. The claim was filed within one year of this procedure and thus the effective date is set at that time.,The Veteran did not file any claims for hypertension prior to October 14, 2009. His claim was filed on that date and thus the effective date is set at that time.,As of March 8, 2011, the Veteran required home health care services due to his service-connected disabilities. The SMC benefits were granted effective March 8, 2011.
- Claimed conditions
- diabetes mellitus type II (DMII), resection of small intestine with ostomy, hypertension, erectile dysfunction (ED)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 28, 2020
- Citation
- 20069907
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 granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.