Diabetes decisions — 2006

The veteran's claim for special monthly pension based on need of regular aid and attendance or housebound status is denied as he does not meet the criteria for such benefits.

The Board denied a higher rating for diabetes mellitus, but later assigned a 100% rating effective November 30, 2001. The veteran is seeking an earlier effective date.

The veteran's claim for service connection for diabetes mellitus, type II is denied as there was no evidence of in-service exposure to Agent Orange or other herbicide agents and the condition did not manifest within one year of discharge. The Board also found that the veteran did not have service in Vietnam.

The Board denied the veteran's request for an earlier effective date for service connection of PTSD, finding that no claim was filed prior to September 24, 1999. The evaluation for diabetes mellitus remains at 40 percent.

The veteran's claim for service connection for PTSD is granted, while the claims for diabetes mellitus, peripheral neuropathy, bilateral hearing loss, and tinnitus are denied.

The veteran's claim for increased ratings for diabetes mellitus was denied as the evidence did not show that he required insulin or a restricted diet prior to May 23, 2003 and subsequent to this date.

The veteran's pancreatic cancer, which caused his death, was found to be related to his service-connected diabetes. Therefore, the appellant is entitled to accrued benefits for both service connection and a total disability rating based on individual unemployability.

The Board has determined that a VA examination is necessary to determine the current severity of the veteran's service-connected diabetes mellitus and whether it requires regulation of activities. The case will be remanded for further development.

The Board denied all service connection claims for the veteran's claimed disabilities, finding that they were not related to his military service or a service-connected disorder.

The veteran's service includes service in the waters offshore Vietnam, but not within the Republic of Vietnam. Diabetes Mellitus was not manifested during active service or within a year of his separation from service and is not shown to be causally or etiologically related to herbicide exposure or any other event during active service.

The Board found that diabetes mellitus and hypertension were not incurred in service, but denied the claim for compensation under 38 U.S.C.A. § 1151 for central retinal occlusion of the left eye with vision loss due to VA surgery.

The veteran is seeking service connection for various conditions, including diabetes mellitus, heart disease, hepatitis, spinal stenosis, and skin carcinoma, all claimed as secondary to his service-connected schizophrenia. The case is being remanded for further action.

The veteran's diabetes mellitus requires the use of insulin twice daily and a restricted diet, but does not require regulation of his activities. The Board concludes that the evidence on file does not support assignment of an evaluation higher than 20 percent for diabetes mellitus.

The veteran is seeking to reopen his claims for service connection for diabetes mellitus, type II and other conditions. The RO/AMC will need to provide a notification letter that complies with the requirements of Kent v. Nicholson, and address all issues including reopening the claims under the theory of new and material evidence.

The Board has jurisdiction to review the claims of entitlement to service connection for multiple sclerosis and hepatitis C. The veteran's appeal on these issues is granted.

The Board denied the claim for an effective date earlier than May 28, 2001 for service connection for coronary artery disease secondary to diabetes mellitus (due to Agent Orange). The effective date is set at May 28, 2001.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for diabetes mellitus, thus denying the reopening of the claim.

The Board has determined that the veteran's death was not caused by or related to his service-connected disabilities, and thus denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's diabetes mellitus was not incurred in or aggravated by his military service and may not be presumed to have been incurred therein.

The Board granted an initial rating of 40 percent for diabetes mellitus with retinopathy and impotence, effective January 18, 2001. The claim for earlier effective date for service connection was also granted.