The Veteran's diabetes mellitus is granted service connection and rated at 10%. The right and left great toe scars are granted a 10% rating. The Veteran's migraine headaches remain at the maximum schedular rating of 50%. Service connection for a back disability, including as secondary to service-connected disabilities, and sleep apnea are remanded.
The deciding factor: The Veteran has been found presumptively exposed to herbicides due to his service in Vietnam. His diabetes mellitus is therefore presumed related to this exposure. The right and left great toe scars are painful and warrant a 10% rating under the criteria for scars. The maximum schedular rating of 50% for migraine headaches remains unchanged.
- Claimed conditions
- diabetes mellitus, right and left great toe scars, migraine headaches, back disability (including as secondary to service-connected disabilities), sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- 10%
- Decision date
- January 25, 2021
- Citation
- 21003870
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 21003870.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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