The Board dismissed the claim for an earlier effective date for service connection of type II diabetes mellitus (DM) as it is a freestanding claim and not related to the grant of service connection.
The deciding factor: The Veteran did not contest the effective date of the grant of service connection for DM in a timely manner, making the Nehmer provisions inapplicable.
- Claimed conditions
- type II diabetes mellitus (DM)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2021
- Citation
- 21008251
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 21008251.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's heart conditions, including CAD, MI, atherosclerotic cardiovascular disease, congestive heart failure, supraventricular arrhythmia, and CABG are granted as presumed due to herbicide exposure. DM is also granted. Peripheral neuropathy of the LLE, RLE, LUE, and RUE is granted secondary to DM.
- Granted
The Veteran's hypertension, type II diabetes mellitus (DM), and migraine headaches are all granted as service-connected. The hypertension is considered direct service connection due to the preexisting condition not being aggravated by service. Type II diabetes mellitus (DM) is found to have started during service based on post-service medical records showing progression from impaired fasting glucose to a confirmed diagnosis of DM II. Migraine headaches are also granted as they were first diagnosed during active military service and linked to in-service noise exposure.
- Granted
The Veteran's claims for service connection for tinnitus, psychiatric disability, GERD, DM, CAD, and ED have been granted with effective dates ranging from July 29, 2022 to September 8, 2021. The claim for service connection for OSA was denied.
- Partly granted
The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.
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