Diabetes decisions — 2006

The Board found that the veteran's type II diabetes mellitus was not incurred in service and did not manifest within a year following separation from active duty. The right elbow injury resulted in mild functional impairment, but did not meet criteria for a compensable evaluation under VA rating criteria.

The Board found that the veteran has type 1 diabetes, which is not included in the list of presumptive diseases for veterans exposed to herbicides. Therefore, service connection for diabetes mellitus remains denied.

The Board found no evidence of a current left foot disability and denied service connection for the veteran's claimed left foot injury. Service connection was also denied for diabetes mellitus due to lack of medical records showing its onset during or within one year after service.

The Board denied service connection for diabetes mellitus and found that the veteran's degenerative arthritis of lumbar spine warrants a 20 percent evaluation, effective from August 2002.

The Board has determined that the veteran was not permanently and totally disabled before June 19, 2003, as evidenced by the medical records available prior to this date. Therefore, an earlier effective date for nonservice-connected pension benefits is denied.

The Board denied the veteran's claim for service connection for cause of death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that diabetes mellitus type II was not incurred or aggravated during active service.

The veteran's initial rating for diabetes mellitus is being remanded due to the need for updated medical evidence and staged ratings consideration.

The Board has identified that the appellant's claim for DIC benefits is based on two bases: service-connected back disability and negligent medical care. The case must be remanded to consider both claims, including a VA cardiologist's opinion regarding the etiology of the veteran's heart condition.

The Board denied the veteran's claim for service connection for diabetes mellitus, finding that there was no evidence of diabetes during or within one year after service discharge and that it is not related to service.

The veteran's coronary artery disease and diabetes mellitus, type 2 are currently rated at 10 percent. The Board found the evidence did not support a higher rating for his coronary artery disease. His TDIU claim was also denied as he is not considered unemployable due to service-connected disabilities.

The Board has determined that the veteran's death from respiratory failure, Parkinsonism, cerebral vascular disease, and insulin dependent diabetes mellitus was not caused or contributed to by any service-connected disability. The preponderance of evidence is against a favorable decision for the appellant's claim.

The Board has denied the veteran's claims for service connection for diabetic retinopathy, hypertension, erectile dysfunction, peripheral neuropathy of the upper extremities, and peripheral vascular disease, all to include as secondary to service-connected diabetes mellitus type II (DM-II). The remaining issues are REMANDED.

The Board has determined that the veteran's diabetes mellitus is presumed to have been incurred in service due to his Vietnam-era exposure. Service connection for peripheral neuropathy, which is secondary to the diabetes mellitus, has also been granted.

The Board has remanded the case due to incomplete medical records and need for further examination. The veteran's diabetes mellitus is being evaluated based on direct service connection theory.

The veteran's appeal for an earlier effective date for service connection of diabetes mellitus type II has been withdrawn, resulting in the dismissal of his case.

The Board denied the veteran's claim for service connection for diabetes mellitus, type II, finding that it was not incurred in or aggravated by his military service.

The Board has decided the veteran's claims for higher ratings for his diabetes mellitus and dysthymic disorder. The initial rating for diabetes mellitus remains at 20 percent, but a higher 40 percent rating is granted as of May 10, 2006. The claim for a TDIU is denied, and the issue regarding whether he filed a timely appeal in response to the denial of an initial rating higher than 30 percent for his heart disease must be resolved.

The Board denied the claim of service connection for the cause of death due to tobacco use in service and also denied eligibility for dependents' educational assistance benefits.,The veteran's fatal heart disease, artery disease, renal disease, and diabetes were not incurred or aggravated by his active duty service.

The Board has determined that a VA examination is needed to determine if the veteran's diabetes mellitus was caused or aggravated by his service-connected residuals of a fracture of the mandible, and whether it had its onset during service.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need of regular aid and attendance or being housebound.