Diabetes decisions — 2007

The veteran's diabetes mellitus, type II was rated at 40% effective August 26, 2003.,The veteran withdrew his appeal for an increased rating on hypertension.

The Board has determined that service connection is not warranted for diabetes mellitus. The veteran's right foot disability was also addressed, but the decision summary does not provide details on this issue.

The veteran's death was caused by respiratory failure, chronic obstructive bronchitis and pneumoconiosis. The appellant contends that the service-connected diabetes mellitus Type II contributed to her husband's cause of death. The case is being remanded for additional development.

The veteran's claim for an increased rating for his service-connected type II diabetes mellitus is being remanded due to the need for additional medical records and a new examination.

The veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus was denied as there were no claims pending before VA prior to May 3, 1989 or received between March 3, 1989 and July 9, 2001.

The Board has determined that the veteran's type II diabetes mellitus, which is related to his active duty service and presumed due to exposure to Agent Orange in Vietnam, contributed substantially to cause the veteran's death. As such, service connection for the cause of the veteran's death is granted.

The Board denied the veteran's claims for an increased rating for hypertension and service connection for diabetes mellitus, finding that there was no evidence of a current diagnosis or relationship to service.

The Board has determined that the veteran's service-connected diabetes mellitus does not warrant an increased rating beyond the currently assigned 20 percent, as it does not require regulation of activities.

The Board denied the veteran's claims to reopen his service connection claims for arthritis of the lumbar spine and diabetes mellitus, type 2 due to lack of new and material evidence.

The Board denied the appellant's claims for service connection for cause of the veteran's death, dependents' educational assistance under Chapter 35, compensation under the provisions of 38 U.S.C.A. § 1151 for death resulting from VA medical treatment, and entitlement to accrued benefits.

The veteran's cause of death was not caused by or substantially contributed to by a disability incurred in service, and the criteria for payment of DIC under 38 U.S.C.A. § 1318 have not been met.

The veteran's diabetes mellitus, which was manifested by peripheral neuropathy and required insulin injections and a restricted diet, resulted in multiple hospitalizations and ultimately necessitated a right below-the-knee amputation. The Board found that the evidence was in approximate balance and granted an initial 100 percent schedular rating for diabetes mellitus for the purpose of receiving accrued benefits.

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after any necessary actions are taken.

The Board has determined that additional development is required before the claims can be adjudicated, including providing proper notice under Hupp v. Nicholson.

The Board has remanded the case for additional development due to inextricably intertwined issues, including verification of active duty periods and medical records related to diabetes mellitus.

The Board has remanded the case for further development, including scheduling a videoconference hearing and issuing statements of the case on certain issues.

The veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the need to obtain VA and private medical records related to his claim. The case will be reconsidered in light of the potential relevance of the Haas decision.

The Board denied the veteran's claims for service connection for residuals of a right elbow injury, left wrist fracture, bilateral hearing loss, and tinnitus due to lack of evidence showing these conditions were incurred in or aggravated by military service. The claim was also not granted based on presumed exposure to herbicide agents.

The veteran's appeal was denied for service connection for diabetes mellitus, peripheral neuropathy, skin rashes and growths, and PTSD due to herbicide exposure. The case is REMANDED for rescheduling a Travel Board hearing.

The Board has determined that there is no diagnosed diabetes mellitus or PTSD, and thus service connection for these conditions cannot be granted. The veteran's claims for increased ratings and TDIU are also denied.