The Veteran's DIC claim under 38 U.S.C. § 1318 was dismissed as the appellant withdrew it during a hearing before the Board.,Service connection for diabetes mellitus, type II, was granted in April 2020 and is considered moot due to the dismissal of the DIC claim.
The deciding factor: The Veteran's death was caused by pulmonary embolism, which was linked to his service-connected lumbar spine disability treatment.
- Claimed conditions
- diabetes mellitus, type II, amputation above the left knee, rhabdomyolysis (presumed due to burn injury), radiculopathy of the bilateral upper extremities, residuals from compression fracture of the lumbar spine, fracture of the left index finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2022
- Citation
- 22004110
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 22004110.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
- Granted
The Board has granted service connection for diabetes mellitus, type II, as secondary to the Veteran's service-connected PTSD. The decision finds that the Veteran's diabetes mellitus, type II is proximately due to his service-connected PTSD.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Granted
The Board has granted service connection for diabetes mellitus, type II and left arm tremors. Service connection for right hand tremors is also granted. The Veteran's tinnitus claim was denied as there is no current diagnosis of tinnitus.
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