Diabetes decisions — 2005

The Board has remanded the case for additional development due to incomplete medical records and for a VA examination.

The veteran's application for Service Disabled Veterans Insurance (RH) was denied because he is not in 'good health' according to the standards established by the VA, as his non-service-connected disabilities exceed the threshold of 300 percent mortality.

The veteran's diabetes mellitus with associated complications is rated at the highest available rating of 40 percent. Ratings for peripheral neuropathy are granted at 10 percent each for both lower extremities.

The Board found no evidence of diabetes mellitus during service or within one year post-service, and the veteran did not set foot in Vietnam. The claim for service connection was denied as there is no credible evidence that his current diabetes mellitus is related to his naval service.

The veteran's claim for an earlier effective date for service connection for Type II diabetes, which is presumed due to herbicide exposure, was denied as the prior denial of the claim occurred before September 25, 1985 and thus is not subject to the Nehmer stipulation.

The veteran's claims for higher initial ratings for service-connected Type II diabetes mellitus, coronary artery disease, hypertension, peripheral neuropathy of the lower and upper extremities, and retinopathy have been denied. The RO increased the rating for Type II diabetes mellitus to 40 percent effective May 8, 2001.

The Board has determined that the veteran's hypertension is proximately due to and aggravated by his service-connected diabetes mellitus, thus granting service connection for hypertension as secondary to diabetes.

The Board has remanded the case for additional development due to new evidence and potential private treatment records.

The veteran's death was not due to any service-connected condition, and there were no pending claims for accrued benefits at the time of his death. Therefore, the appellant is denied accrued benefits.

The veteran seeks service connection for residuals of a right leg above-the-knee amputation, which he claims is due to or the result of his service-connected diabetes mellitus. The Board has determined that additional development is needed, including obtaining 1995 VA medical records and providing a new VA medical opinion.

The Board denied the veteran's claims for service connection for diabetes mellitus and secondary disabilities, finding that his diabetes was not related to herbicide exposure but rather due to prednisone treatment for rheumatoid arthritis. The secondary disability claims were also denied as there is no medical evidence linking these conditions to the primary condition of diabetes.

The veteran's service-connected conditions, including diabetes and PTSD, significantly contributed to his death from liver failure.

The veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling examinations to assess his current disability levels. The TDIU claim will be reconsidered based on the new evidence.

The veteran's appeal is being remanded for additional development, including scheduling hearings and examinations.

The Board denied the appellant's claims of service connection for diabetes mellitus and vision disorder, finding that no new and material evidence had been presented to reopen the diabetes mellitus claim, and that there was insufficient evidence linking any current vision disorder to service.

The Board found that the cause of the veteran's death (cardiac arrest) was not caused or substantially contributed to by his service-connected PTSD or diabetes. The appeal for DIC benefits under 38 U.S.C.A. § 1318 is also denied as there is no evidence showing the veteran had been entitled to a total disability rating due to service-connected disabilities for ten years prior to death.

The veteran's claim for service connection for Type 1 Diabetes Mellitus as a residual of Agent Orange exposure in service is denied. The Board found that the current diagnosis of Type 1 Diabetes Mellitus was not incurred during active military service and could not be presumed due to Agent Orange exposure.

The Board has reopened the veteran's claim for service connection for PTSD, but denied his claims for an increased rating for diabetes mellitus and a prior effective date. The issues of entitlement to a higher rating for diabetes mellitus and earlier effective dates are referred back to the RO.

The Board denied service connection for diabetes mellitus with peripheral neuropathy and enlarged prostate, finding no evidence of in-service exposure to herbicide agents or any other link between the conditions and active service.

The veteran's claims for higher original ratings, effective dates earlier than specified, and other benefits were denied. The May 1985 RO decision denying service connection for nephrotic syndrome was not clearly and unmistakably erroneous.