Diabetes decisions — 2006

The Board has determined that the veteran's diabetes mellitus was not incurred in or aggravated by active military service and may not be presumed to have been so incurred. The preponderance of evidence is against his claim.

The Board found that the veteran's diabetes mellitus did not meet the criteria for a higher rating, as it did not require regulation of activities or any other compensable complications.

The Board found that the veteran's diabetes mellitus and peripheral neuropathy are not related to his service-connected duodenal ulcer with hyperacidity, which he underwent in 1958 and 1963. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The VA denied a higher initial rating for diabetes mellitus, finding that the evidence did not show the veteran required insulin and a restricted diet to regulate his activities.

The Board has determined that the veteran's diabetes mellitus, type II with mild hypertension does not warrant an evaluation in excess of 20 percent.

The Board has denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death and her eligibility for educational assistance under Chapter 35. The evidence did not show a causal relationship between any service-connected disability and the veteran's death, nor was there new and material evidence presented.

The Board found that the cause of the veteran's death (lung cancer) was not related to service, and denied the claim for service connection for the cause of death.

The veteran's claims for service connection were denied across the board. The Board found no evidence of current disabilities or that any claimed conditions were incurred in or aggravated by service.

The veteran's claims for service connection were denied. The RO found no evidence of the claimed conditions during or within one year after his periods of active duty, and there was no medical opinion linking any current disabilities to his military service.

The Board denied the veteran's claim for service connection for diabetes mellitus, finding that there was no evidence of exposure to herbicides and concluding that the current disability is not related to military service.

The Board has determined that the veteran does not have current diagnoses of carpal tunnel syndrome or diabetes mellitus, and therefore service connection for these conditions is denied.

The veteran's Type 2 diabetes mellitus may be presumed to have been incurred in active service due to herbicide exposure during his tour of duty along the DMZ in Korea.

The Board found that the veteran's service-connected conditions did not cause his death, and there was no evidence of negligence or fault on VA's part in providing care. The claim for DIC benefits under 38 U.S.C.A. § 1151 is also denied.

The Board has denied the veteran's claims for increased ratings for diabetes mellitus, hemorrhoidectomy, plantar warts of the left heel, and liver cysts as there is no evidence to support a higher rating under the applicable schedular criteria. The claim for an effective date earlier than May 30, 2000 for the award of a 100% rating for polycystic kidney disease with hypertension and congestive heart failure was not addressed in this decision.

The Board found that the veteran did not file a timely substantive appeal for service connection for diabetes mellitus on a direct basis or due to Agent Orange exposure. The skin condition was also denied as it is not attributable to injury or disease in service nor is it due to herbicide exposure.

The Board has determined that additional development is necessary before the claims for service connection for the cause of the veteran's death and for accrued benefits can be decided.

The Board denied the veteran's claims for service connection of diabetes mellitus, type II and a cerebrovascular accident as secondary to his service-connected lung disability. The Board found no evidence linking these conditions to service or within one year post-service.

The veteran's claims for higher initial ratings for Type II Diabetes Mellitus, peripheral neuropathy of the arms and legs, and bilateral proliferative diabetic retinopathy were denied. The veteran was also denied service connection for a stroke secondary to his diabetes.

The Board has determined that the veteran does not have asbestosis and denied service connection for this condition. The issue of whether new and material evidence has been submitted to reopen a claim for diabetes mellitus is addressed in the remand section.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations.