The Board dismisses the Veteran's appeal for an earlier effective date for diabetes with ED. The appeals for peripheral neuropathy and SMC are denied.
The deciding factor: No NOD was filed within one year of notification regarding the earlier effective date for diabetes, making that issue final.
- Claimed conditions
- diabetes mellitus type II (diabetes), basal cell carcinoma, scars of the posterior trunk, scars of the anterior trunk, scars of the right upper extremity, scars of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 21, 2020
- Citation
- 20080206
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted service connection for diabetes, obstructive sleep apnea, right lower extremity diabetic neuropathy, and left lower extremity diabetic neuropathy as secondary to the Veteran's service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for supraventricular arrhythmias, basal cell carcinoma, kidney stones, and COPD as the AOJ failed to substantially comply with prior remand directives.
- Partly granted
The Board granted service connection for basal cell carcinoma and a higher initial disability rating of 70 percent for other specified trauma-and-stressor-related disorder, while denying increased ratings for lumbosacral strain, right lower radiculopathy, bilateral hearing loss, chronic rhinitis, tension headaches, and mitral valve prolapse.
- Partly granted
The Board granted reconsideration of the issues of entitlement to service connection for basal cell carcinoma, an acquired psychiatric disorder, and bilateral upper and lower extremity diabetic peripheral neuropathy. The claims for these conditions were previously denied but are now being readjudicated due to new evidence.
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.