Diabetes decisions — 2005

The Board denied service connection for diabetes mellitus type 2, bone spurs involving the fourth and fifth digits of the right foot, and gastrointestinal (GI) condition variously claimed as pancreatitis, pyrosis, hiatal hernia, GERD, gastric ulcers and gastroenteritis due to lack of evidence linking these conditions to service.

The VA has granted service connection for diabetes mellitus and assigned a 20% disability rating effective November 1, 2002. The veteran's condition is currently manifested by the need for insulin and a restricted diet.

The veteran's claims for increased evaluations for arterial hypertension, status-post coronary artery bypass surgery due to occluding coronary artery disease, and diabetes mellitus were denied as the evidence did not meet the criteria for higher ratings.

The Board granted service connection for renal insufficiency as secondary to the veteran's service-connected diabetes mellitus, effective from August 28, 2000. The issue of a higher rating for renal disability remains pending.

The Board found that the veteran's diabetes mellitus did not have its onset in service and denied his claim for service connection. The Board also noted that there was insufficient evidence to establish a nexus between any current upper back and shoulder disorder or right leg disorder and service.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred after November 7, 1994 due to a lack of evidence showing that a VA facility was feasibly available and that delay would not have been hazardous to life or health.

The Board denied the veteran's claim for service connection for diabetes mellitus due to herbicide exposure, finding no evidence of exposure and noting that his condition did not manifest until years after service.

The veteran requested to withdraw his appeal regarding the claims for hepatitis and diabetes mellitus. As a result, the Board has dismissed this case.

The Board denied service connection for the cause of the veteran's death, finding no evidence that diabetes mellitus or rheumatoid arthritis caused his death.

The Board has granted service connection for peripheral neuropathy of the hands, diagnosed as diabetic neuropathy. However, it denied a higher initial disability rating for diabetes mellitus.

The Board has denied the veteran's claims for service connection and increased rating of his diabetes mellitus, as well as his secondary service connection claims for hypertension, congestive heart failure, and angina.

The Board denied the veteran's claims for service connection for a bilateral foot disorder and type II diabetes mellitus, finding that there was no evidence of such conditions during active service or due to herbicide exposure.

The veteran's initial claim for a higher rating for diabetes mellitus Type II was denied, as the evidence did not show that his disability warranted an evaluation in excess of 20 percent prior to May 28, 2004. From May 28, 2004, he continued to be rated at 20 percent due to use of insulin and a restricted diet. The reduction from 60 percent for pulmonary tuberculosis with COPD was denied as not being proper.

The Board finds that the veteran is entitled to an effective date of September 27, 2001 for the establishment of service connection for diabetes mellitus. The claim was received more than one year after the May 8, 2001 effective date for this change in regulations. The veteran's erectile dysfunction and low back disorder were not granted as service-connected conditions.

The Board denied the veteran's claim for service connection for Type 2 diabetes mellitus, finding no evidence of a direct relationship to his military service and rejecting any presumption based on herbicide exposure.

The veteran's treatment at Bay Pines Community Hospital on March 14, 2003, was for a service-connected disability (post-operative residuals of a herniated disc, lumbar spine) and was deemed an emergency due to the severity of his symptoms.,Similarly, the veteran's treatment at Bay Pines Community Hospital on June 5, 2003, was also for a service-connected disability (Type II diabetes mellitus) and was deemed an emergency due to the severity of his symptoms.

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and her tinnitus is not service-connected. The other conditions listed in the issues section are either not supported by evidence or were resolved prior to separation from service.

The Board has dismissed the veteran's appeals of the initial disability evaluations for his service-connected diabetes mellitus and PTSD as he did not file a timely substantive appeal.

The Board has granted an effective date of May 8, 2001 for the award of service connection for Type II diabetes mellitus with diabetic vascular disease and diabetic nephropathy evaluated as 20 percent disabling.

The Board determined that the veteran's type II diabetes mellitus was not incurred in or aggravated by active service and may not be presumed to have been incurred therein.