Diabetes decisions — 2007

The Board found that the appellant did not have an additional disability of his right eye as a result of VA surgical treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's hypertension is proximately due to his service-connected diabetes mellitus, and grants service connection for this condition.

The Board has remanded the veteran's claims due to incomplete information regarding his exposure to Agent Orange and further development is needed. The heart disability claim will be considered once the diabetes mellitus, type II, claim is resolved.

The veteran's disability compensation was terminated due to his status as a fugitive felon, but the Board found he did not meet the definition of a fugitive felon and thus the termination was improper.

The Board has denied the veteran's claims for service connection for kidney failure and heart disease as secondary to his service-connected diabetes mellitus.

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied his claims for DIC benefits and dependent's educational assistance.

The Board has determined that the veteran's diabetes mellitus does not require insulin or regulation of activities, and therefore, a rating in excess of 20 percent is denied.

The veteran's claim for service connection for diabetic retinopathy was denied, but he is granted an initial noncompensable evaluation for erectile dysfunction.

The Board has remanded the veteran's claims due to additional development being necessary, including obtaining records of private hospitalization for hypertension in 1979 and reviewing his file by a VA orthopedist.

The veteran seeks an earlier effective date for service connection and rating for diabetes mellitus and diabetic polyneuropathy of the lower extremities. The Board finds that the earliest possible effective date is May 8, 2001, as this is when the claim was filed within one year of a change in law allowing for presumptive service connection.

The Board has determined that the veteran's diabetes mellitus type II does not meet the criteria for a rating higher than 20 percent, as there is no evidence of regulation of activities due to the condition. The claim for an increased rating is therefore denied.

The Board has determined that additional development is needed to properly evaluate the veteran's service-connected PTSD and diabetes mellitus, including obtaining updated medical records and arranging for VA examinations.

The Board denied the veteran's claims for higher initial ratings for diabetes mellitus and peripheral neuropathy of each lower extremity, finding that the evidence did not support a rating in excess of 20% for DM or 10% for PN.

The Board has determined that the veteran's diabetes mellitus type II is presumed to have been incurred in service due to herbicide exposure, and grants the claim for service connection.

The Board finds that the veteran's diabetes mellitus has been aggravated by his service-connected asthma, and grants service connection for this aggravation.

The veteran's claims for service connection for diabetes mellitus and hypertension are being remanded due to the need for further development regarding his exposure to herbicides or other agents during service.

The Board has determined that the veteran's service-connected disabilities are so disabling as to prevent him from obtaining and maintaining substantially gainful employment, thus granting a TDIU rating.

The Board has reopened the veteran's claims for service connection for hypertension and a kidney disability, to include as secondary to service-connected diabetes mellitus. However, it denied his claim for a compensable rating for erectile dysfunction and deferred consideration of his petition to reopen his claim for service connection for a kidney disability until completion of further development.

The veteran's overpayment of VA compensation benefits due to incarceration was waived because recovery would be against equity and good conscience, given his total disability from service-connected conditions.