The Board denied service connection for type II diabetes mellitus, a compensable evaluation for residuals of a fifth right metacarpal fracture, and an initial evaluation in excess of 30 percent for bilateral pes planus. The issue of entitlement to TDIU prior to March 20, 2020, was dismissed, and the remaining issues were remanded.
The deciding factor: The evidence did not show that type II diabetes mellitus manifested during service or within one year thereafter, nor was there any credible evidence linking it to herbicide exposure. The Veteran's residuals of a fifth right metacarpal fracture and bilateral pes planus did not meet the criteria for a compensable evaluation.
- Claimed conditions
- Type II diabetes mellitus, Residuals of a fifth right metacarpal fracture, Bilateral pes planus, Bilateral hearing loss (remanded), Ischemic bowel disorder status-post right hemicolectomy (remanded), Gastrointestinal disorder other than an ischemic bowel disorder status post hemicolectomy, to include a hernia (remanded), Eye disorder (remanded), Hepatitis (remanded)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001123
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.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Granted
The Board granted service connection for Type II diabetes mellitus, finding that it is secondary to the Veteran's service-connected unspecified depressive disorder.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that Type II diabetes mellitus and hypertension, which are presumed to have resulted from herbicide exposure during service, contributed substantially to his demise.
- Remanded (sent back)
The Board remands the claim for an adequate medical opinion regarding the Veteran's in-service toxic exposure risk activities, including jet fuel and other fuels, to determine if they contributed to his cause of death.
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