The Veteran's claims for earlier effective dates prior to August 10, 2022, for service connection were denied as there was no legal basis available due to the finality of previous denials and the liberalizing nature of the PACT Act.
The deciding factor: The September 2015 rating decision denying the Veteran's service connection claim for DMII, PN of the upper extremities, PN of the lower extremities, and CAD is final. The AOJ granted service connection based on the legal presumption of a connection between herbicide exposure in Thailand under the PACT Act, which became effective on August 10, 2022.
- Claimed conditions
- Diabetic Mellitus Type II (DMII), Diabetic Peripheral Neuropathy (PN) of the left upper extremity (LUE), radial nerve, Diabetic PN, right upper extremity (RUE), radial nerve, Diabetic PN, left lower extremity (LLE), femoral nerve, Diabetic PN, right lower extremity (RLE), femoral nerve, Arteriosclerotic Heart Disease (CAD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 22, 2023
- Citation
- A23033142
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 A23033142.
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.
- Remanded (sent back)
The Veteran's hearing loss is currently rated as noncompensable, and his CAD rating from February 28, 2018 has been increased to 30 percent.,Service connection for COPD remains pending due to the need for a VA examination.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
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