Diabetes decisions — 2007

The Board has granted a higher disability rating of 10 percent for chronic right and left leg ulcers secondary to service-connected diabetes mellitus. The veteran's death was not caused by or substantially contributed to by his service-connected disabilities.

The veteran's death was caused by diabetes mellitus, which is presumed to have been caused by his service in Vietnam and exposure to Agent Orange. The Board granted service connection for the cause of the veteran's death based on this presumption.

The Board denied the veteran's claims for service connection for cardiovascular disability, diabetes mellitus, erectile dysfunction, and peripheral neuropathy of the upper and lower extremities, all claimed as secondary to exposure to herbicides. The evidence did not support a finding that the veteran was exposed to herbicide agents during his active duty service.

The Board has remanded the case due to incomplete information and procedural errors, including a lack of proper notification under the VCAA.

The veteran's appeal involves claims for service connection and increased ratings for erectile dysfunction and diabetes mellitus. The Board has remanded the case to obtain clarifying opinions regarding the relationship between these conditions, as well as a reevaluation of his diabetes mellitus.

The veteran's initial rating for diabetes mellitus, type II, from January 26, 1999, to February 12, 2003, was denied as the criteria for a higher rating were not met.

The Board has reopened the veteran's claim for service connection for peripheral neuropathy of both lower extremities (claimed as residuals of frostbite) and granted it. The Board also found that diabetes mellitus was incurred in service, with a rating assigned at 100%.

The veteran's cause of death, cerebrovascular disease, was not service-connected as it is not shown to have had its onset in service or within one year after separation. The veteran's diabetes mellitus was also not shown in service or within one year after separation and is not related to any incident of service.

The Board denied the veteran's claims of service connection for type II diabetes mellitus, chloracne, and colon cancer, all secondary to herbicide exposure. The claim for reopening the previously-denied claim of service connection for colon cancer was also denied.

The Board has remanded the case for further development due to missing VA clinical records from the Montgomery, Alabama facility. The claims will be reconsidered based on a review of all available evidence.

The Board denied the veteran's claims for service connection for diabetes mellitus, low back disability, degenerative joint disease of the knees, bilateral hearing loss, and tinnitus. The appeals were based on direct evidence rather than a presumption or secondary to another condition.

The VA denied the veteran's claim for service connection for diabetes mellitus, finding that he did not serve in Vietnam and thus could not be presumed to have been exposed to Agent Orange. The Board also found no evidence linking his DM to any incident of military service.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is being remanded for additional development, including obtaining SSA records and arranging for the veteran to undergo VA examination.

The Board has granted service connection for bilateral foot disorders and diabetes mellitus type II, finding that the veteran's current conditions are at least as likely as not secondary to his in-service foot problems. The effective date of the grant of service connection is set at December 21, 1995.

The Board found that none of the conditions causing the veteran's death were service-connected.

The Board has granted service connection for erectile dysfunction as secondary to the veteran's service-connected diabetes mellitus type II, which is associated with herbicide exposure. The initial disability rating of 20 percent for diabetes mellitus type II remains unchanged.

The Board finds that the veteran's diabetes mellitus warrants a disability rating of 60 percent, reflecting episodes of hypoglycemic reactions requiring one or two hospitalizations per year or visits to a diabetic care provider twice a month.

The veteran's claims for service connection for diabetes mellitus and hypertension were denied as there was no evidence of in-service exposure to herbicides or other causative factors.

The Board found that it was not factually ascertainable prior to November 16, 2004 that the veteran was permanently and totally disabled due to his service-connected conditions. Therefore, the effective date for non-service-connected disability pension cannot be earlier than November 16, 2004.

The Board denied the veteran's claims for service connection for restrictive lung disorder with dyspnea on exertion and fibromyalgia, both claimed as due to Agent Orange exposure. The appeals were remanded for further action.