Diabetes decisions — 2006

The Board denied the veteran's claims for service connection of emotional instability reaction, diabetes mellitus, and hypertension. The initial evaluation assigned for his service-connected duodenal ulcer disease was also denied.

The veteran's claim for an increased evaluation of PTSD was denied as it was not factually ascertainable during the one year period prior to May 1, 2001.,Service connection for diabetes mellitus and hypertension (claimed as secondary to diabetes mellitus) was granted with an effective date of May 8, 2001.

The Board has determined that timely notice of disagreement was filed on the January 2002 denial of service connection for sleep apnea. The veteran's claim for service connection for diabetes mellitus, pes planus, and sleep apnea is being remanded for further development.

The veteran's claims for a compensable rating for his service-connected compression fracture of the L-1 vertebra, service connection for type II diabetes mellitus, and service connection for hypertension are being remanded due to the need for additional development.

The Board denied the veteran's claim for service connection for diabetes mellitus, finding that it was not incurred in or aggravated by active military service and may not be presumed to have been so incurred due to inservice exposure to herbicide agents.

The Board denied the veteran's claims for service connection for substance abuse, a partial colon removal, PTSD, major depressive disorder, and diabetes mellitus due to lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's service connection for diabetes mellitus and related peripheral neuropathy was clearly and unmistakably erroneous due to his lack of documented service in Vietnam, leading to a denial of restoration of these claims.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding that new and material evidence had not been received.

The Board has determined that the veteran's claimed conditions were not incurred or aggravated by service, and therefore denied his claims for service connection.

The veteran's death was not caused by a service-connected disability, and the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The Board denied the veteran's claim for service connection for diabetes mellitus, finding that there was no evidence of a direct relationship between the condition and his period of service. The Board also found insufficient evidence to presume exposure to herbicide agents or hepatitis C as secondary to service.

The Board has granted service connection for diabetes mellitus and a chronic prostate disorder, finding that the veteran's conditions are related to his military service. Diabetes mellitus is presumed due to herbicide exposure in Vietnam, while the chronic prostate disorder is linked to post-service continuity of symptoms.

The veteran's claims for higher ratings for diabetes mellitus, type II and peripheral neuropathy of the lower extremities are being remanded due to incomplete notification under the VCAA and need for additional medical examination.

The veteran's claims for increased disability ratings for service-connected type II diabetes mellitus and erectile dysfunction are being remanded due to the need for updated medical records and a VA examination.

The veteran's service connection for diabetic retinopathy was denied. Service connection for arteriosclerotic heart disease was granted, with a 30% rating effective February 15, 2005.

The Board found that the veteran's death was not caused by a disability incurred in or aggravated by service, nor did a service-connected disability cause or contribute materially to his death. The veteran's diabetes mellitus and CAD were unrelated to service-connected lumbar disc disease.

The Board has determined that the veteran's claims for increased evaluations for type II diabetes mellitus, clinical neuropathy of the right lower extremity, and clinical neuropathy of the left lower extremity are denied as they do not meet the criteria for a higher evaluation under applicable rating codes.

The Board found that the veteran's diabetes mellitus type II was not incurred in or aggravated by active service and denied her claim. The Board also determined that she did not have PTSD as a result of military service.

The veteran's diabetes mellitus and diabetic peripheral neuropathy are not service-connected due to lack of in-country exposure to Agent Orange during his military service.

The veteran's appeal is remanded for further development, including obtaining medical records and providing proper VCAA notice.