Diabetes decisions — 2006

The Board denied the veteran's claims for service connection for various conditions, including coronary artery disease, diabetes mellitus, post-traumatic pleural fibrosis, a low back disability, atherosclerotic peripheral vascular disease, and acute otitis externa. The reasons were that there was no evidence of these conditions in service or within one year after separation, and the veteran did not have current diagnoses for some of the claimed conditions.

The veteran's diabetes mellitus has been rated at 20 percent since the effective date of service connection. The Board finds that his disability does not warrant a higher rating as it does not require regulation of activities such as avoidance of strenuous occupational and recreational activities.

The Board has denied the veteran's claims for increased disability ratings for cervical dysplasia, molluscum contagiosum, residuals of excision of pilar cyst from the scalp, and diabetes mellitus. The evidence did not show that any condition required continuous treatment or was so severe as to prevent control by treatment.

The Board has remanded the claims due to incomplete records and further examination is needed.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of negligence, error in judgment, lack of proper skill or other fault on the part of VA.

The VA denied the veteran's claim of service connection for Type 2 diabetes mellitus, concluding that it was not incurred or aggravated by active service and could not be presumed due to herbicide exposure. The Board found no evidence linking the diabetes to his military service.

The veteran's claimed conditions of asthma, diabetes mellitus, and a visual disorder were not incurred or aggravated by service. The appeal is denied.

The Board is unable to proceed with a decision on the service connection claim for diabetes mellitus and its residuals due to incomplete records, specifically the lack of service medical records and personnel/administrative records. The case is REMANDED to obtain these records.

The Board has remanded the case for additional development, including obtaining records from VA and non-VA providers, as well as seeking records from the Marine Corp Data Processing Center in DaNang, Vietnam. The veteran's claims will be reviewed again after all requested information is obtained.

The veteran's claims for increased evaluation of diabetes mellitus and TDIU were denied, while the claim for reimbursement of ambulance costs was referred to the RO.

The Board denied service connection for diabetes mellitus, prostate cancer, colon cancer, and bronchiectasis as secondary to nicotine dependence acquired during service.

The VA denied an increased rating for the veteran's service-connected diabetes mellitus, currently rated at 20 percent. The Board found that the criteria for a higher rating were not met and affirmed the denial.

The veteran's type II diabetes mellitus was not incurred in or aggravated by active service and may not be presumed, on any basis, to have been incurred or aggravated therein. The Board also found that the other claimed disabilities are not related to his service-connected diabetes.

The Board has granted a 40 percent disability rating for the veteran's service-connected diabetes mellitus, effective April 3, 2004.

The Board has determined that the current evidentiary record is out of date and requires additional development, including obtaining updated VA medical records and scheduling the appellant for a current VA examination to determine the current nature and severity of his service-connected disabilities.

The Board denied service connection for diabetes mellitus and lung cancer, finding that the veteran's disabilities did not manifest during or within one year after his military service. The Board also concluded that there was no evidence to show that the veteran set foot in Vietnam, thus precluding presumptive service connection based on herbicide exposure.

The Board finds that the veteran's service-connected diabetes mellitus, which was under control prior to his death, contributed substantially and materially to his cause of death. The claim for an initial rating in excess of 20 percent for diabetes mellitus is denied as there is no evidence showing it required additional treatment beyond what was already provided.

The veteran's appeal is being remanded due to the need for a rescheduled hearing before the Board of Veterans' Appeals.

The Board denied the veteran's claims for service connection for hypertension and diabetes mellitus, finding no competent evidence that these conditions were related to his military service or exposure to herbicides.

The Board found that the veteran did not have service in Vietnam and thus could not be presumed to have been exposed to herbicides. The evidence does not support a finding of diabetes mellitus due to exposure to Agent Orange, as there is no credible evidence showing he was present in Vietnam or had any contact with contaminated water.