Diabetes decisions — 2007

The veteran is not entitled to VA financial assistance for the purchase of an automobile with adaptive equipment or for the purchase of adaptive equipment alone due to lack of eligibility based on the criteria set forth in the law.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his PTSD and diabetes mellitus.

The Board found that the veteran's type II diabetes mellitus was not incurred or aggravated by his military service and denied his claim for service connection.

The Board has determined that the veteran's diabetes mellitus does not warrant a rating in excess of 20 percent, as his symptoms do not meet or more nearly approximate the criteria for a higher rating under Diagnostic Code 7913.

The Board found no evidence of exposure to Agent Orange or other herbicides, and the veteran's diabetes mellitus was not shown within one year after service. The claims for eye disability, kidney disease, and hepatitis C were also denied as there is no direct evidence linking these conditions to service.

The Board has determined that the veteran's diabetes mellitus, type II, associated with herbicide exposure does not meet or approximate the criteria for a disability rating greater than 20 percent.

The Board has determined that the veteran's diabetes mellitus is not proximately due to, the result of, or aggravated by his service-connected rheumatic fever residuals.

The Board has remanded the case for further development due to insufficient evidence regarding whether the veteran's coronary artery disease is aggravated by his service-connected diabetes mellitus.

The Board has determined that the veteran's diabetes mellitus was not incurred in or aggravated during active service and may not be presumed to have been so incurred.

The Board has determined that the veteran's diabetes mellitus was not incurred in or aggravated by military service, nor may it be presumed to have been incurred therein. The claim for compensation under 38 U.S.C.A. § 1151 for nerve damage of the left hand is pending and will be addressed in a separate remand.

The Board found that the submitted evidence was not new and material, thus denying the veteran's claim to reopen his service connection for diabetes mellitus secondary to herbicide exposure.

The veteran's conditions do not render him permanently bedridden or in need of regular aid and attendance, as he can walk unaided with the help of a cane. The Board finds that the preponderance of the evidence is against the award of special monthly pension based upon the need for regular aid and attendance or by reason of being housebound.

The Board has determined that the veteran's anxiety and depression are service-connected as they are related to his active duty service or a service-connected condition.

The veteran is entitled to compensation under Section 1151 for diabetes mellitus with peripheral neuropathy, which he claims was caused by VA medical treatment. The Board found that the failure of VA to timely diagnose and treat his diabetes exacerbated his diabetic neuropathy.

The veteran's service-connected disabilities are not shown to be of such severity so as to preclude substantially gainful employment, and the Board finds that he is unemployable by reason of his service-connected disabilities alone.

The Board found that the cause of the veteran's death was not service-connected and denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The veteran's service-connected disabilities rendered him unemployable as of July 10, 2002, one year before he filed his claim for TDIU. As a result, the effective date for TDIU is assigned to July 10, 2002.

The Board has determined that additional evidence is needed to fully and fairly consider the veteran's claims, including a VA examination for hypertension, diabetes mellitus, and eye disabilities. The appeal will be returned to the RO for further action.

The veteran's claim for an increased rating for his type II diabetes mellitus is being remanded to the RO for further development, including consideration of additional VA outpatient treatment records and compliance with VCAA notice requirements.

The veteran's claim for an increased rating for diabetes mellitus with background diabetic retinopathy is being remanded due to the need for further development and evaluation of his service-connected conditions, including cardiovascular disease, urinary dysfunction, skin blisters, a 'bone infection' disorder involving the feet and jaw, respiratory disorders, and 'diabetic frozen joint syndrome'.