The Veteran's claim for service connection for diabetes mellitus was denied, and the Board found no new and material evidence to reopen the claim.,The Veteran's psychiatric disorder is rated at 30 percent, but not higher. The Board did not find any additional symptoms warranting a higher rating.,Service connection for cervical spine disability, left ankle disability, and lumbar spine disability was granted effective May 11, 2016. The Veteran requested earlier dates, which were denied as there was no indication of intent to claim these disabilities prior to that date.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy were also granted service connection effective May 11, 2016. Again, the Veteran requested earlier dates which were denied as there was no indication of intent to claim these disabilities prior to that date.,Service connection for left upper extremity radiculopathy and right upper extremity radiculopathy is remanded due to lack of evidence supporting secondary service connection.
The deciding factor: The new and material evidence did not relate the diabetes mellitus to service or any other basis for service connection.,The Veteran's psychiatric disorder does not meet the criteria for a higher rating as his symptoms do not significantly impair his occupational and social functioning.,There was no indication of intent by the Veteran to claim these disabilities prior to May 11, 2016, when they were granted. The Board found that any earlier claims would be premature without evidence of intent or service connection.,The same reasoning applies for the radiculopathy as it is secondary to the lumbar spine disability and there was no indication of intent prior to May 11, 2016.,For the remanded issues, additional evidence will need to be provided to support a claim of service connection.
- Claimed conditions
- diabetes mellitus, psychiatric disorder, cervical spine disability, left ankle disability, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2022
- Citation
- 22013531
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 22013531.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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