Diabetes decisions — 2006

The Board denied the veteran's claim for special monthly compensation on account of loss of use of both lower extremities due to his service-connected disabilities, finding that he does not meet the criteria for SMC under VA regulations.

The Board found that the veteran's hypertension was not incurred or aggravated during service and is not proximately due to or the result of his service-connected PTSD or diabetes mellitus.

The veteran's bladder cancer residuals were rated as noncompensable from March to June 2003, and increased to 10 percent in June 2003. The RO denied a higher rating for the period since February 26, 2004. Service connection was granted for diabetes mellitus due to Agent Orange exposure.

The Board has remanded the veteran's claims for increased rating for diabetes mellitus and service connection for a heart condition due to potential issues with scheduling an examination and obtaining medical records.

The veteran's diabetes mellitus is rated at 10 percent from October 16, 2001 to April 27, 2003 and 20 percent thereafter. The veteran's tinea pedis with onychomycosis is currently rated at 10 percent.

The veteran's diabetes mellitus was rated at 10 percent prior to July 26, 2005 and increased to 20 percent from that date. Service connection for hypertension and erectile dysfunction were denied.

The Board finds that the veteran's service-connected type II diabetes mellitus with diabetic retinopathy warrants a 40 percent evaluation, as it requires insulin and restricted diet regulation of activities.

The Board has granted service connection for Type II diabetes mellitus due to presumed exposure to herbicides during active duty. Service connection for peripheral neuropathy is addressed in the remand below.

The Board denied the veteran's claims for increased rating for service-connected degenerative arthritis of the lumbar spine, service connection for arthritis of the hands, diabetes mellitus, and psoriasis. The evidence did not support granting any of these claims.

The Board's decision is dismissed because the January 27, 2005 decision has been vacated by the Court.

The VA has determined that the veteran's diabetes mellitus, type II does not warrant a rating higher than 20 percent due to the lack of evidence showing regulation of activities.

The Board has denied the veteran's claims for service connection for hypertension as secondary to his service-connected type II diabetes mellitus and an initial rating in excess of 20 percent for type II diabetes mellitus. The issues regarding whether new and material evidence has been received to reopen the claims for residuals of a left shoulder disability and a back disability are being remanded.

The Board has reopened the veteran's claim for service connection for PTSD, but denied it on a de novo basis. The claims for diabetes mellitus and hypertension due to Agent Orange exposure were also denied. Service connection for depression was not addressed in this decision.

The veteran's appeal is being remanded due to the destruction of his service medical records and a need for further examination.

The veteran's service connection claim for Type 2 diabetes mellitus, including as due to exposure to herbicides in Vietnam, is denied. The Board found that the evidence did not support a finding of direct service connection.

The Board found that the April 2003 rating decision denying service connection for diabetes mellitus was final, and no new and material evidence had been received to reopen the claim.

The Board found no additional disability resulting from the January 1976 spinal tap, and thus denied compensation under 38 U.S.C. § 1151 for residuals of a spinal tap performed at a VA medical center in January 1976 resulting in low back pain.

The Board found that the veteran's current diabetes mellitus and heart disorder are not related to his military service, including exposure to herbicides. The claim for service connection was denied.

The Board has denied the veteran's claims for service connection for hypertension, as secondary to his service-connected diabetes mellitus. The claim for increased ratings for bilateral knee disabilities and diabetes mellitus is being remanded.

The Board has determined that the veteran's diabetes mellitus, Type 2, is related to his active service and presumed herbicide exposure in the Republic of Vietnam. As such, the claim for service connection secondary to herbicide exposure is granted.