Diabetes decisions — 2003

The veteran's diabetes mellitus is currently rated at 40 percent, effective December 20, 1996. The Board found that a higher rating was not warranted and denied the claim for an increased rating. For the total unemployability issue, the Board granted a total rating based on individual unemployability due to service-connected disabilities as of December 3, 2000.

The Board denied the veteran's claims for a higher evaluation of his service-connected diabetes mellitus and did not find new and material evidence to reopen his previously denied claims seeking service connection for residuals of a back injury and paraplegia under the provisions of 38 U.S.C.A. ¶ 1151.

The Board has granted a 60 percent disability rating for diabetes mellitus effective June 6, 1996. The veteran's pancreatitis is not service-connected.

The Board granted service connection for diabetes mellitus type II as secondary to Agent Orange exposure, finding that the veteran's Vietnam-era service and presumed exposure to herbicides meet the criteria for presumptive service connection.

The Board found that diabetes mellitus was not incurred in or aggravated by service, may not be presumed to be related to service, and is not shown to be aggravated by a service-connected disability.

The Board found that the claimed cardiac, left leg, and diabetes conditions were not incurred or aggravated by service. The evidence did not show a connection to any incident of service.

The Board has determined that the cause of the veteran's death was not service-connected, and there is no evidence to support a claim for Dependents' Educational Assistance benefits. The appellant did not provide sufficient evidence to establish radiation exposure or any other basis for service connection.

The Board has granted a 40 percent evaluation for diabetes mellitus from the period beginning on January 30, 2001. The veteran's disability more nearly approximates this rating based on his need for insulin and restricted diet.

The veteran's service-connected conditions do not render him unable to obtain and retain substantially gainful employment.

The veteran's diabetes mellitus requires insulin and diet restriction, but does not require regulation of his activities. The criteria for a rating in excess of 20 percent for diabetes mellitus have not been met.

The VA denied an increased evaluation for diabetes mellitus, currently rated at 20 percent. The veteran's diabetes required insulin and a restricted diet but did not necessitate the regulation of activities such as avoiding strenuous occupational or recreational activities.

The Board denied service connection for diabetes mellitus and hypertension, finding that the conditions were not incurred or aggravated by active duty.

The Board has determined that the veteran's diabetes mellitus and peripheral neuropathy do not warrant higher initial ratings, as they are currently evaluated at 20 percent for diabetes mellitus with erectile dysfunction and 10 percent each for peripheral neuropathy of the right and left lower extremities.

The veteran's diabetes mellitus was not incurred in or aggravated by service, including exposure to herbicides. The claim is denied.

The veteran's PTSD is rated at 100% disabling, and his diabetes mellitus due to herbicide exposure during service is also granted.

The Board has dismissed the appeal as the appellant's claim of service connection for the cause of the veteran's death is moot due to her award of DIC benefits under 38 U.S.C.A. § 1318.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate is denied as he does not meet the criteria for either benefit.

The veteran's additional disabilities, including coronary artery disease, myocardial infarction, hypertension, and diabetes mellitus, are not deemed to be proximately caused by VA medical treatment in May 1996.

The veteran's service-connected disabilities do not render him unable to care for most of his daily needs so as to require the assistance of another. He is not bedridden nor he is a patient in a nursing home.

The Board found that the veteran's service-connected conditions did not cause or substantially contribute to his death. The primary cause of death was attributed to aspiration pneumonia secondary to a cerebrovascular accident, with significant contributing factors including congestive heart failure and other pre-existing conditions.