The Veteran's claim for service connection for diabetes mellitus and diabetic peripheral neuropathy of the bilateral lower extremities (sciatic and femoral nerves) was granted effective August 10, 2022, based on presumed herbicide agent exposure under the PACT Act. However, the evidence does not support this presumption.,The Veteran's service records do not indicate any in-service diagnosis of diabetes mellitus or peripheral neuropathy. The most probative evidence shows that these conditions were first diagnosed years after his separation from service.
The deciding factor: The Board found no credible evidence to support the Veteran's claim for earlier effective dates, as there was no actual herbicide exposure during his service in Thailand and the pre-PACT Act regulations did not provide a presumption of herbicide exposure for veterans serving in Thailand. The Veteran's current diagnoses were first noted years after his separation from service.
- Claimed conditions
- diabetes mellitus, diabetic peripheral neuropathy of the right lower extremity sciatic nerve, diabetic peripheral neuropathy of the left lower extremity sciatic nerve, diabetic peripheral neuropathy of the right lower extremity femoral nerve, diabetic peripheral neuropathy of the left lower extremity femoral nerve
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 4, 2024
- Citation
- A24080364
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 A24080364.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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