Case A26039334

YVETTE R. WHITE · 2026 · Case ID: A26039334

MIXED

Summary

The veteran, who served in the U.S. Navy from March 1963 to June 1965, appeals decisions concerning effective dates for several benefits. The primary issue revolved around establishing an earlier effective date for service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension. The Board found that new service department records (deck logs from the USS Constellation) associated with the file between June 2024 and January 2025, which were not present in earlier decisions, warranted reconsideration under 38 C.F.R. § 3.156(c). These records, along with the initial claim date of December 27, 2007, and evidence of treatment for diabetes since April 1997, supported granting an earlier effective date of December 27, 2007, for the diabetes claim. This same effective date was also granted for Special Monthly Compensation (SMC) based on loss of use of a creative organ, as it was linked to the erectile dysfunction component of the diabetes claim. The Board denied appeals for earlier effective dates for specially adapted housing and automobile allowances, as these benefits are one-time payments without contested effective dates. Several issues related to bilateral foot amputations, SMC for loss of feet, and Dependents' Educational Assistance (DEA) were remanded due to pre-decisional duty to assist errors, specifically the failure to obtain pertinent private treatment records and clarify amputation dates.

Rationale

New service department records (deck logs) associated with file after initial denials.; Reconsideration warranted under 38 C.F.R. § 3.156(c).; Effective date established as later of initial claim date (12/27/2007) or date entitlement arose (prior to claim).

Service Branch

NAVY

Special Benefit

EARLIER EFFECTIVE DATE; AUTO / ADAPTIVE EQUIPMENT; SMC

Docket No.

260123-628180

Full Decision Text

Citation Nr: A26039334
Decision Date: 04/28/26 Archive Date: 04/28/26

DOCKET NO. 260123-628180
DATE: April 28, 2026

ORDER

Entitlement to an effective date of December 27, 2007, for the award of service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension (diabetes) is granted.

Entitlement to an effective date of December 27, 2007, for the award of special monthly compensation (SMC) based on loss of use of a creative organ, is granted.

Entitlement to an earlier effective date for the award of entitlement to a certificate of eligibility for specially adapted housing is denied.

Entitlement to an earlier effective date for the award of entitlement to a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and automobile adaptive equipment, or automobile adaptive equipment only (automobile allowance), is denied.

REMANDED

Entitlement to an effective date prior to April 3, 2020, for the award of service connection for partial amputation of bilateral feet, associated with service-connected diabetes, is remanded.

Entitlement to an effective date prior to April 3, 2020, for the award of SMC based on loss of use of both feet, is remanded.

Entitlement to an effective date prior to April 3, 2020, for the award of basic eligibility to Dependents' Educational Assistance (DEA) is remanded.

FINDINGS OF FACT

1. On December 27, 2007, the Veteran submitted a claim seeking service connection for, inter alia, diabetes.

2. In a May 2009 rating decision, the Agency of Original Jurisdiction (AOJ) denied service connection for, inter alia, diabetes, finding that the Veteran was not exposed to herbicide agents and, therefore, his diabetes was not presumptive to herbicide exposure.

3. In a September 2009 rating decision, the AOJ again denied service connection for diabetes, finding that the Veteran was not exposed to herbicide agents and, therefore, his diabetes was not presumptive to herbicide exposure.

4. In March 2019, the AOJ received VA Form 21-526EZ seeking readjudication of the claim of entitlement to service connection for diabetes.

5. In April 2019, the AOJ received VA Form 20-0995 seeking readjudication of the claim of entitlement to service connection for diabetes.

6. In a February 2022 rating decision, the AOJ again denied service connection for diabetes, finding that the Veteran was not exposed to herbicide agents and, therefore, his diabetes was not presumptive to herbicide exposure.

7. In March 2022, the Veteran submitted VA Form 10182 seeking Board review of, inter alia, the February 2022 rating decision's denial of service connection for diabetes.

8. In a March 2023 decision, the Board, inter alia, denied service connection for diabetes, finding that exposure to herbicides could not be conceded and, therefore, the Veteran's diabetes was not presumptive to herbicide exposure. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court).

9. In March 2024, the parties entered into a Joint Motion for Partial Remand (JMPR) in which the parties agreed that a remand of the issue of entitlement to service connection for diabetes was warranted. The Court granted the JMPR in March 2024.

10. In a May 2024 decision, the Board remanded the issue of entitlement to service connection for diabetes for additional development.

11. Between June 2024 and January 2025, deck logs for the USS Constellation (CVA-64), which constitutes relevant official service department records, were associated with the claims file.

12. In a January 2025 rating decision, the AOJ denied service connection for diabetes, finding that exposure to herbicides could not be conceded and, therefore, the Veteran's diabetes was not presumptive to herbicide exposure.

13. In a May 2025 Higher-Level Review (HLR) decision, a duty to assist error was identified with respect to, inter alia, the issue of entitlement to service connection for diabetes.

14. In an August 2025 rating decision, the AOJ again denied service connection for diabetes, finding that exposure to herbicides could not be conceded and, therefore, the Veteran's diabetes was not presumptive to herbicide exposure.

15. In an October 2025 decision, the Board, inter alia, awarded service connection for diabetes. The decision was based, in part, on the official service department records associated with the file between June 2024 and
Veteran's diabetes was not presumptive to herbicide exposure.

13. In a May 2025 Higher-Level Review (HLR) decision, a duty to assist error was identified with respect to, inter alia, the issue of entitlement to service connection for diabetes.

16. An effective date of December 27, 2007, for the award of service connection for erectile dysfunction has been established.

17. There is no case or controversy concerning the issue of entitlement to an earlier effective date for the award of eligibility for a certificate of eligibility for specially adapted housing.

18. There is no case or controversy concerning the issue of entitlement to an earlier effective date for the award of eligibility for a certificate of eligibility for an automobile allowance.

CONCLUSIONS OF LAW

1. The criteria for an effective date of December 27, 2007, for the grant of service connection for the Veteran's diabetes, have been met. 38 U.S.C. §§ 1117, 1118, 5110, 7104; 38 C.F.R. §§ 3.114(a), 3.156 (c), 3.400(c).

2. The criteria for an effective date of December 27, 2007, for the award of SMC based on loss of use of a creative organ have been met. 38 U.S.C. §§ 1114, 5107; 38 C.F.R. §§ 3.102, 3.350.

3. The appeal seeking an earlier effective date for the award of a certificate of eligibility for specially adapted housing is denied. 38 U.S.C. § 7105.

4. The appeal seeking an earlier effective date for the award of a certificate of eligibility for an automobile allowance is denied. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Navy from March 1963 to June 1965.

These matters come before the Board on appeal from rating decisions, dated November 2025 and December 2025, issued by a Department of Veterans Affairs (VA) regional office.

In a January 2026 VA Form 10182, the Veteran sought review of these matters under the Board's evidence submission docket. Under this docket, a Board decision is based on the evidence at the time of the prior decision, as well as evidence submitted by a claimant or their representative within 90 days of the appeal to the Board. 38 C.F.R. § 20.303.

As such, with respect to the issues of entitlement to earlier effective dates for the awards of service connection for diabetes and SMC based on loss of use of a creative organ, the Board may only consider the evidence of record as of November 14, 2025, the date of notification of the November 2025 rating decision, as well as any evidence submitted by the Veteran or his representative between January 23, 2026, and April 23, 2026. See November 2025 VA Correspondence.

Similarly, with respect to the issues of entitlement to earlier effective dates for the awards of service connection partial amputation of bilateral feet, SMC based on anatomical loss of both feet, basic eligibility to DEA, and certificates of eligibility for specially adapted housing and an automobile allowance, the Board may only consider the evidence of record as of December 30, 2025, the date of notification of the December 2025 rating decision, as well as any evidence submitted by the Veteran or his representative between January 23, 2026, and April 23, 2026. See December 2025 VA Correspondence.

Effective Dates

1. Entitlement to an effective date of December 27, 2007, for the award of service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension is granted.

The Veteran contends that an earlier effective dare is warranted for the award of service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension.

Effective Dates

In general, the effective date of an award of disability compensation, in conjunction with a grant of entitlement to service connection, shall be the later of the day following separation from active service or the date entitlement arose if the claim is received within one year of separation from service; otherwise, the effective date shall be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2).

Additionally, when a veteran submits a claim to reopen a previously denied claim, and such claim is subsequently reopened and allowed, absent a claim of a clear and unmistakable error (CUE) in a prior final decision, and showing thereof, the effective date of the award of disability compensation shall be the date of receipt of the claim to reopen or the date entitlement arose, whichever is later. See 38 C.F.R. § 3.400(r); Leonard v. Nicholson, 405 F. 3d 1333, 1337 (Fed. Cir. 2005).

However, 38 C.F.R. § 3.156(c) provides an exception to this general rule. Under 38 C.F.R. § 3.156(c)(1), if at any time after VA issues a decision on a claim VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim. Section 3.156(c)(3) provides that if newly received, relevant service department records form all or part of the basis for the award of a benefit, then the effective date for such award is the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions applicable to the previously decided claim. See Blubaugh v. McDonald, 773 F.3d 1310, 1313 (noting that the purpose of 38 C.F.R. § 3.156(c) is to place a claimant in the position they would have been had VA considered the relevant service department record before the disposition of the earlier claim).

As noted above, the Veteran's claim of entitlement to service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension was initially denied in a May 2009 rating decision. Thereafter, deck logs for the USS Constitution were associated with the claims file from June 2024 to January 2025. See Logbooks, received June 2024, July 2024, September 2024, and January 2025. As such, the requirements of 38 C.F.R. § 3.156(c)(1) had been met and reconsideration of the claim was warranted.

With respect to the applicability of 38 C.F.R. § 3.156(c)(3), the October 2025 Board decision that awarded service connection for the Veteran's diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension, in finding that the evidence supported the Veteran's asserted herbicide exposure, specifically cited the deck logs for the USS Constellation. Therefore, 38 C.F.R. § 3.156(c)(3) applies. As such, the proper effective date for the award of service connection for the Veteran's diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension is the later of (a) the date of receipt of the Veteran's previously denied claim or (b) the date entitlement arose.

The Veteran's initial claim of entitlement to service connection for diabetes was received on December 27, 2007. See December 2007 VA Form 21-526.

With respect to the date entitlement arose, the record reveals that the Veteran has received treatment for diabetes since as early as April 1997. See Dr. Feilla Statement, received January 2008. In other words, the record reveals an onset of symptomatology prior to receipt of the Veteran's initial claim seeking service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension
the later of (a) the date of receipt of the Veteran's previously denied claim or (b) the date entitlement arose.

The Veteran's initial claim of entitlement to service connection for diabetes was received on December 27, 2007. See December 2007 VA Form 21-526.

Based on the above, the Board finds that an effective date of December 27, 2007, for the award of service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension, which constitutes the later of the date of receipt of claim or the date entitlement arose, is warranted. As such, entitlement to an earlier effective date is granted. See 38 C.F.R. §§ 3.114(a), 3.156(c), 3.317, 3.400.

The Board will allow the AOJ to assign an initial rating for the Veteran's diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension in the first instance.

2. Entitlement to an effective date of December 27, 2007, for the award of SMC based on loss of use of a creative organ, is granted.

The Veteran seeks an earlier effective date for the award of SMC based on loss of use of a creative organ.

Generally, the effective date of an award of disability compensation, in conjunction with a grant of entitlement to service connection, shall be the later of the day following separation from active service or the date entitlement arose if the claim within one year of separation from service; otherwise, the effective date shall be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400(b)(2).

Here, the award of SMC based on loss of use of a creative organ is based on the award of service connection for erectile dysfunction. As such, the effective date of the award of such SMC will be the same as the effective date of the award of service connection for erectile dysfunction as discussed above.

As discussed above, an effective date of December 27, 2007, for the award of service connection for diabetes mellitus type II with peripheral arterial disease, erectile dysfunction, diabetic nephropathy, and hypertension, has been established. As such, the same effective date for the award of SMC based on loss of use of a creative organ is warranted.

Given the above, the Board finds that an effective date of December 27, 2007, is warranted for the award of SMC based on loss of use of a creative organ. As such, entitlement to an earlier effective date is granted. 38 U.S.C. §§ 1114, 5107; 38 C.F.R. §§ 3.102, 3.350.

3. Entitlement to an earlier effective date for the award of entitlement to a certificate of eligibility for specially adapted housing is denied.

4. Entitlement to an earlier effective date for the award of entitlement to a certificate of eligibility for an automobile allowance is denied.

The Veteran seeks earlier effective dates for the awards of entitlement to certificates of eligibility specially adapted housing and an automobile allowance.

As indicated above, the AOJ granted entitlement to a certificate of eligibility for specially adapted housing and certificate of eligibility for an automobile allowance in a December 2025 rating decision.

Claims for certificates of eligibility for specially adapted housing or automobile allowances are not claims for periodic monetary benefits. Rather, as a matter of law, such benefits are one-time payments afforded to veterans who meet certain specified criteria. See 38 U.S.C. §§ 2101, 3901, 3902, 5103, 5103A; 38 C.F.R. §§ 3.102, 3.159, 3.350(a)(2), 3.808, 3.809, 3.809A, 4.63. Accordingly, unlike claims for service connection or increased ratings for disabilities, no effective date is involved as there are no retroactive payments or ongoing payments on a monthly basis. Indeed, the AOJ did not assign effective dates for these awards in its December 2025 rating decision for this reason.

As there are no effective dates in contention for the awards of a certificate of eligibility for
38 U.S.C. §§ 2101, 3901, 3902, 5103, 5103A; 38 C.F.R. §§ 3.102, 3.159, 3.350(a)(2), 3.808, 3.809, 3.809A, 4.63. Accordingly, unlike claims for service connection or increased ratings for disabilities, no effective date is involved as there are no retroactive payments or ongoing payments on a monthly basis. Indeed, the AOJ did not assign effective dates for these awards in its December 2025 rating decision for this reason.

As there are no effective dates in contention for the awards of a certificate of eligibility for specially adapted housing or a certificate of eligibility for an automobile allowance, the Veteran's appeal as to such matter is denied. See 38 U.S.C. § 7105; see Sabonis v. Brown, 6 Vet. App. 426, 430 (1994) (advising that, where the law and not the evidence is dispositive, the claim should be denied because of the absence of legal merit or the lack of entitlement under the law).

REASONS FOR REMAND

1. Entitlement to an effective date prior to April 3, 2020, for the award of service connection for partial amputation of bilateral feet, associated with service-connected diabetes, is remanded.

The Board regrets the delay associated with this remand. However, based on a review of the evidence of record, the Board finds that a remand is necessary to allow the AOJ to correct a pre-decisional duty to assist error; specifically, to allow the AOJ obtain pertinent private treatment records.

The record reflects that the Veteran has undergone bilateral partial foot amputation. See Detroit VA Medical Center (VAMC) records, received November 2025 in CAPRI; Bennett Family Foot Care records, received December 2019; December 2023 VA Amputations Disability Benefits Questionnaire (DBQ), received February 2024. However, the dates of such amputations, and thereby the date entitlement to service connection for such amputations, are unclear.

Specifically, the Veteran's VA treatment records indicate that all the toes on the Veteran's left foot were amputated by an outside provider in December 2019, though the exact date was not provided; no month or date is noted for any amputation involving the right foot. See Detroit VAMC records. Private treatment records submitted by the Veteran reveal amputation of the right first toe, or big toe, on September 25, 2019, but are silent as to any other amputation. See Bennett Family Foot Care records. Conversely, a VA examination conducted in December 2023 noted bilateral mid foot amputations, with the right amputation conducted in 2018 and the left amputation conducted in 2019. See December 2023 VA Amputations DBQ.

In other words, the record reveals that pertinent private treatment records have not been associated with the claims file. As such, a remand is necessary to allow the AOJ to obtain such medical records. See 38 U.S.C. § 5103(a)(1), (b)(1); Ivey v. Derwinski, 2 Vet. App. 320, 323 (1992).

2. Entitlement to an effective date prior to April 3, 2020, for the award of SMC based on loss of use of both feet, is remanded.

3. Entitlement to an effective date prior to April 3, 2020, for the award of basic eligibility to DEA is remanded.

The Board regrets the delay associated with this remand. However, the Board finds the issues of entitlement to earlier effective dates for the award of SMC based on loss of use of both feet and the award of basic eligibility to DEA to be inextricably intertwined with the issue of entitlement to earlier effect date for the award of service connection for partial amputation of the bilateral feet, remanded above. Therefore, a remand is required. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

Accordingly, the matters are REMANDED for the following action:

1. With the Veteran's assistance as appropriate, obtain and associate with the claims file any outstanding pertinent medical records, whether VA or private, to include records relating to treatment at Bennett Family Foot Care from September 2019 to present, as well as records relating to any amputations performed on the left or right foot.

2. Pursuant to 38 C.F.R. § 3.159(e), any efforts to secure these records MUST be documented in the
of the bilateral feet, remanded above. Therefore, a remand is required. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

Accordingly, the matters are REMANDED for the following action:

2. Pursuant to 38 C.F.R. § 3.159(e), any efforts to secure these records MUST be documented in the electronic claims file, and the Veteran MUST be informed if any of these records are unable to be secured.

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3. After completing the development above, readjudicate the issues of entitlement to an earlier effective date for the award of service connection for partial amputation of the bilateral feet, SMC based on loss of use of both feet, and basic eligibility to DEA.

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board J.T. Martin III, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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