The Board dismissed the veteran's claims for earlier effective dates for diabetes mellitus and lower extremity peripheral neuropathy as a matter of law.
The deciding factor: The May 2008 and September 2009 rating decisions became final, and the Veteran did not file an appeal or submit new and material evidence within one year of notification. Freestanding claims for earlier effective dates are dismissed.
- Claimed conditions
- Diabetes mellitus type 2, Diabetic peripheral neuropathy, left lower extremity, Diabetic peripheral neuropathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001782
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for special monthly compensation SMC(s) was denied as there is no reasonable possibility that any of his service-connected disabilities alone prevent substantially gainful employment.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including diabetes mellitus type 2 and peripheral neuropathy, to further investigate potential exposure to herbicides during the Veteran's service in Korea.
- Granted
The Board granted service connection for ischemic heart disease, diabetes mellitus type 2, and diabetic peripheral neuropathy of the lower extremities due to presumed exposure to herbicide agents during service.
- Partly granted
The Board granted service connection for diabetes mellitus type 2, a heart condition as secondary to hypertension, and lower extremity vascular disability as secondary to diabetes mellitus type 2. The claims for peripheral neuropathy in all four extremities and amputation of toes were also granted as secondary to diabetes mellitus type 2. However, the claims for a neck condition, COPD, gall bladder removal, and chronic kidney disease were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.