The Board denied effective dates prior to January 15, 2014 for the awards of service connection for various diabetic conditions and end stage renal disease due to herbicide exposure in Thailand.
The deciding factor: The PACT Act does not apply as the Veteran served in Thailand and not Vietnam. The Board found no earlier effective dates are available based on Nehmer litigation or regulatory provisions.
- Claimed conditions
- Type II diabetes mellitus, right upper extremity diabetic neuropathy, left upper extremity diabetic neuropathy, right lower extremity diabetic neuropathy, left lower extremity diabetic neuropathy, end stage renal disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 30, 2022
- Citation
- A22026326
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 A22026326.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The issues concerning effective dates and disability ratings are not addressed as they were not decided.
- Granted
The Board has granted service connection for type II diabetes mellitus and left and right lower extremity diabetic neuropathy as secondary to the Veteran's service-connected type II diabetes mellitus.
- Granted
The Board has granted service connection for Type II diabetes mellitus and diabetic retinopathy, finding that these conditions are related to the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for type II diabetes mellitus, finding that the Veteran was exposed to herbicide agents during his service at Udorn RTAFB and thus meets the criteria for presumptive service connection.
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