The Veteran's claims for earlier effective dates for the award of service connection for type II diabetes mellitus and diabetic retinopathy with multiple microaneurysms are denied as his claim was not received until October 24, 2017.,The Veteran's claim for an increased rating for lumbosacral intervertebral disc syndrome with degenerative arthritis is remanded due to the possibility of a factually ascertainable increase in severity within one year prior to the receipt of his claim.
The deciding factor: For claims for service connection, effective dates are generally based on the date entitlement arose or the date of claim. For increased rating claims, if an increase is factually ascertainable within one year prior to the claim, the effective date will be the date of increase.
- Claimed conditions
- Type II Diabetes Mellitus, Diabetic Retinopathy with Multiple Microaneurysms, Lumbosacral Intervertebral Disc Syndrome with Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058878
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 23058878.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for Type II Diabetes Mellitus, Bilateral Lower Extremity Diabetic Peripheral Neuropathy (Sciatic Nerve), Erectile Dysfunction, and Bladder Cancer in remission. Effective dates have been set for these awards as of July 14, 2004. The Veteran's claim for higher initial disability ratings and earlier effective dates are being remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for hypertension and type II diabetes mellitus due to a need for additional medical opinions regarding obesity as an intermediate step in causing or aggravating these conditions, and because of potential toxic exposure during service.
- Dismissed
The Veteran's appeal for a disability rating in excess of 20 percent for Type II Diabetes Mellitus has been dismissed due to the Veteran's withdrawal before the Board could make a decision.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
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