Diabetes decisions — 2003

The veteran's death was not caused by a service-connected condition, and his surviving spouse is not entitled to DIC under 38 U.S.C. § 1318.

The veteran's case is being remanded for further development, including additional examinations and consideration of his claims for increased disability ratings and TDIU.

The Board denied the appellant's claims of entitlement to benefits under the provisions of 38 U.S.C.A. § 1151 for renal failure and dependency and indemnity compensation (DIC) under the provisions of 38 U.S.C.A. § 1151 due to a lack of evidence showing that the veteran's death was caused by inadequate or negligent medical treatment at VA facilities.

The Board denied the veteran's claims for service connection for diabetes mellitus, a blood disorder, a heart disorder, a leg disorder, and a back disorder. The evidence did not show any in-service or chronic post-service manifestations of these conditions.

The Board denied the claim of service connection for the cause of the veteran's death, finding that hypertension was not incurred in or aggravated by active service and did not contribute to his death.

The veteran's appeal is being remanded due to his inability to attend a scheduled hearing in Washington, DC. He now requests a videoconference hearing instead.

The Board has determined that the veteran's death was caused by diabetes mellitus, which is presumed to be related to his service. As a result, the cause of the veteran's death is now considered service-connected.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a diabetic ulcer of the left foot, claimed to have resulted from VA treatment in September 2000, was denied due to lack of evidence linking the condition to the carelessness or negligence of VA.

The Board has remanded the case due to additional development needed, including a VA examination for the veteran's service-connected cardiovascular and diabetes mellitus disabilities. The claim will be reconsidered after this additional development.

The Board found that the veteran's diabetes mellitus was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred in service. The preponderance of evidence is against his claim.

The Board has denied the veteran's claims for service connection for diabetes mellitus, asthma, and a gastrointestinal disorder due to lack of evidence showing current disabilities.

The Board has determined that the appellant was permanently incapable of self-support by reason of her physical defects (blindness and diabetes mellitus) prior to attaining age eighteen, granting her recognition as a 'helpless child' of the veteran.

The Board denied the veteran's claim for improved pension benefits for the period October 1, 1996, through July 31, 1997 due to his annual income exceeding the maximum pension rate.

The Board denied the DIC claim, finding that the veteran's death was not service-connected and that he did not meet the requirements for enhanced DIC benefits under 38 U.S.C.A. § 1318.

The veteran's diabetes mellitus is currently rated at 40 percent, the maximum rating available under current VA regulations. The evidence does not support a higher rating based on additional complications or restrictions.

The Board has granted service connection for diabetes mellitus as a result of exposure to Agent Orange during service. The initial rating for varicose veins of the right leg remains unchanged at 20 percent.

The veteran's diabetic retinopathy is rated at 100% effective April 3, 2003.

The VA determined that the veteran's current diabetes mellitus and peripheral neuropathy were not caused by or aggravated by any VA treatment, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have PTSD or right ear hearing loss disability, and therefore service connection for these conditions is denied. The veteran's coronary artery disease and diabetes mellitus are also denied as there is no evidence of a current disability.

The veteran's diabetes mellitus was first manifested in service and contributed to his death. The Board has granted service connection for the cause of death, as well as eligibility for dependents' educational assistance under Chapter 35.