Diabetes decisions — 2007

The Board denied the veteran's claims for service connection for bilateral defective hearing, residuals of malaria, a respiratory disorder, and diabetes mellitus. The evidence did not establish that these conditions were incurred in or aggravated by service.

The Board has determined that the veteran's service-connected diabetes mellitus with diabetic retinopathy, early cataracts, and peripheral neuropathy warrants increased evaluations for different periods of time.

The Board has denied the veteran's claims for service connection for right ear hearing loss, diabetes mellitus (due to Agent Orange exposure), and hypertension. The appeals are all denied.

The veteran's type 2 diabetes mellitus is presumed to be service connected due to herbicide exposure during reserve service in the United States.

The veteran's claim for service connection for Type II diabetes mellitus and hypertension is being remanded due to the uncertainty regarding his exposure to Agent Orange in Vietnam. The Board will review the evidence, including Service Personnel Records (SPRs) and National Personnel Records Center (NPRC) records, to determine if he had actual exposure to herbicides during service.

The Board has determined that the earliest effective date for service connection of diabetes mellitus is August 21, 2002. The veteran's earlier claim was resolved in a final decision by the RO and cannot be assigned as an effective date.

The veteran seeks service connection for diabetes mellitus and hypertension. The case is being remanded to obtain additional medical evidence and determine the nature and etiology of his current conditions.

The veteran's service-connected disabilities do not render him incapable of performing activities of daily living without regular assistance from another person, and he does not have a single service connected disability rated at 100 percent. The veteran is not substantially confined to his ward or clinic areas because of his service-connected disabilities.

The Board denied the veteran's claims of service connection for residuals of a head injury, tinnitus, hypothyroidism, coronary artery disease, diabetes mellitus, and amblyopia. The evidence did not support these claims as there was no current disability related to any of these conditions.

The Board has determined that the veteran does not have a current diagnosis of depressive disorder or PTSD, and there is no evidence to support service connection for either condition. The examiner opined that the veteran's depression is related to his alcohol abuse and obesity rather than his diabetes mellitus.

The veteran's appeal is being remanded for additional development of his medical records and to clarify whether he wishes to withdraw his appeal.

The veteran's claim for a TDIU rating was granted effective January 9, 2004, based on the findings from his VA examination showing increased disability due to service-connected urinary incontinence and peripheral neuropathy of each lower extremity.

The Board denied the veteran's claims for hypertension with cardiomegaly and diabetes mellitus, type 2. The claim for residuals of a stroke was not incurred in or aggravated by active service. The veteran's hemorrhoids remain at noncompensable evaluation.

The Board has granted a staged increased rating of 40 percent for the veteran's diabetes mellitus, effective from February 15, 2005.

The Board has determined that the veteran's diabetes mellitus had its onset in service and grants service connection for this condition.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his death to his military service.

The veteran's service-connected right and left leg disabilities are rated at 10 percent each. The VA determined that the disability picture for both legs more nearly approximates moderate incomplete neuralgia of the external popliteal nerve, warranting a 20 percent evaluation.

The Board finds that diabetes mellitus type II, which is presumed to have been incurred during active service, substantially and materially contributed to the veteran's death. Therefore, service connection for the cause of death is granted.

The veteran's claims for service connection for diabetes mellitus type II, Charcot foot, heart disease with congestive heart failure, and residuals of heart bypass surgery are denied as there is no evidence to support a direct or secondary relationship between these conditions and his military service.

The Board found that the veteran does not meet the criteria for special monthly pension based on need of regular aid and attendance due to his various disabilities, as he is able to care for himself and protect himself from hazards in his environment.