Diabetes decisions — 2007

The Board found that the veteran's diabetes mellitus is currently manifested by required oral medication, a restricted diet, and visits to his primary care provider every three months. The disability does not meet the criteria for higher ratings based on more severe manifestations such as insulin requirement or hospitalizations. As such, the claim of entitlement to an initial rating in excess of 20 percent for diabetes mellitus was denied.

The veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus due to exposure to herbicides was denied as there was no prior formal or informal claim filed before September 2001, and the liberalizing regulation adding Type II diabetes mellitus to the list of disabilities for which presumptive service connection could be granted based on exposure to herbicides in Vietnam took effect on May 8, 2001.

The Board has denied the veteran's claims for service connection for various conditions, including vaginitis with moniliasis, bilateral axillary adenitis, chronic urinary tract infections, sinusitis, fibrocystic breast disease, a left knee disorder (secondary to right knee disability), diabetes mellitus, and a bilateral foot condition. The Board found that the evidence did not support service connection for these conditions.

The veteran's appeal for increased ratings and service connection was denied. His tinnitus, bilateral hearing loss, type II diabetes mellitus, and PTSD were all evaluated based on their current status without additional rating adjustments.

The Board found that the preponderance of evidence is against granting service connection for type II diabetes mellitus due to lack of exposure to Agent Orange during service. The veteran's gastroesophageal reflux disease, hypertension, hemorrhoids, degenerative disc disease of the lumbar spine, and impingement syndrome with history of tendonitis of the left shoulder are currently rated as 10 percent each.

The veteran's diabetes mellitus does not require insulin or a restricted diet, and he has no restriction of activities due to the condition. Therefore, an increased rating beyond 20 percent is denied.

The Board denied the veteran's claims for service connection for hepatitis C, skin rash (claimed as secondary to Agent Orange exposure), and diabetes mellitus. The Board found no evidence of a nexus between these conditions and service or Agent Orange exposure.

The Board has determined that the veteran's claims for service connection for hypertension and diabetes are denied as there is no evidence of these conditions during or within one year after service, and no competent medical evidence linking them to service.

The Board denied an increased rating for diabetes mellitus and left and right foot lesions, finding that the veteran's disability did not meet the criteria for a higher rating based on severity of symptoms or complications.

The veteran's claims for increased evaluations for diabetes mellitus and peripheral neuropathy of the lower extremities have been denied as there is no evidence showing that his conditions warrant a higher rating.

The veteran's claim for an initial evaluation in excess of 20 percent for primary hyperaldosteronism was denied. The effective date for the grant of service connection for primary hyperaldosteronism remains July 24, 1995. The veteran's claim for a total schedular evaluation (100 percent) for diabetes mellitus with diabetic and hypertensive retinopathy and glaucoma was granted with an effective date of March 20, 1997.

The Board found that the veteran's claimed conditions were not incurred or aggravated during service and did not develop as a result of an established event, injury, or disease. The claims for service connection were denied.

The Board denied the veteran's request for an earlier effective date of May 8, 2001, for his TDIU rating. The veteran did not meet the percentage criteria for a TDIU rating under section 4.16(a) prior to this date.

The veteran does not have diabetes mellitus that is the result of disease or injury incurred in or aggravated during active military service. The claim for PTSD was remanded and will be addressed separately.

The veteran's claims for service connection and increased ratings are denied. The right ear hearing loss claim is pending due to its inextricably intertwined nature with the left ear hearing loss claim.

The veteran's diabetes mellitus has not required insulin, a restricted diet, and medical regulation of activities. The RO is instructed to remand the case for further development regarding his shell fragment wounds.

The veteran's claim for an initial disability rating in excess of 20 percent for diabetes mellitus is being remanded due to the need for further development, including a VA examination and updated medical records.

The Board has determined that the veteran's diabetes mellitus, type II warrants a disability rating of 20 percent effective from October 19, 1999.

The Board has determined that the veteran's coronary artery disease warrants a 30 percent evaluation effective August 27, 2004. However, his type II diabetes mellitus does not warrant an increased rating.

The Board has reopened the veteran's service connection claim for diabetes mellitus and granted service connection based on exposure to Agent Orange in Thailand.