Diabetes decisions — 2007

The Board found that the veteran's cause of death was not related to his service-connected disabilities, including diabetes mellitus type 2. The pre-existing heart and lung conditions were deemed more significant in causing his death.

The veteran's service-connected diabetes mellitus and lower extremity neuropathies are currently rated at the minimum levels, with no additional compensable ratings for either condition.

The Board found that the veteran's diabetes mellitus did not have its onset during service or within one year of separation from active duty, and was not caused or aggravated by his service-connected hypertension.

The veteran's death was not due to a service-connected condition, and the appellant did not have pending claims for increased ratings at the time of his death. Therefore, she is not entitled to accrued benefits.

The Board has restored the veteran's service connection for hypertension, secondary to his service-connected diabetes mellitus Type II.

The Board has determined that the veteran does not have diabetic retinopathy or a disability manifested by memory loss, and therefore service connection for these conditions is denied.

The Board found that the veteran's current diagnoses of diabetes mellitus, sleep apnea, and depression were not related to his military service. The claim for service connection was denied.

The Board has determined that the veteran does not have a current respiratory disorder, and there is no evidence of any chronic respiratory disorder in service. The low back disability was diagnosed as spinal bifida occulta at S1 during service. Service connection for diabetes mellitus and hypertension cannot be established due to lack of medical records linking these conditions to service.

The Board denied the appellant's claim for service connection for asthma, finding that there was no evidence of a current disability and no relationship to service. The claims for reopening service connection for low back disorder and type II diabetes mellitus were not addressed in this decision.

The Board denied service connection for the cause of death due to multiple drug intoxication, finding that none of the veteran's conditions (diabetes mellitus, lung cancer, or psychiatric condition) were related to his military service.

The Board is unable to determine if the veteran's conditions are related to his military service, as there is insufficient evidence regarding his exposure to herbicides and ionizing radiation. The claims for diabetes mellitus type II and peripheral neuropathy of the upper and lower extremities will be remanded for further development.

The Board found that the veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for cause of death.

The Board has determined that the appellant does not have any of the claimed conditions due to service, and thus denied all claims for service connection.

The Board found that the veteran's previous claims of service connection for diabetes mellitus were not based on clear and unmistakable error (CUE), and thus, no earlier effective date can be granted. The claim was submitted in September 1994 but required new and material evidence to reopen.

The veteran's claim for service connection for diabetes mellitus, based on exposure to Agent Orange during his service in Vietnam, is granted as of the date of death (July 2001).

The Board has found that the veteran's Type II diabetes mellitus requires only insulin, oral hypoglycemic agents, and a restricted diet. The disability does not require regulation of activities or any associated complications. Therefore, an increased evaluation beyond 20 percent is denied.

The Board found that the veteran's diabetes mellitus was not incurred in or aggravated by active duty and may not be presumed to have been incurred in service. As a result, the claim for service connection for diabetes mellitus is denied.

The Board has denied the veteran's claims for an increased rating for diabetes mellitus type II and service connection for hypertension as secondary to his service-connected diabetes mellitus type II.

The veteran's claim for an earlier effective date for service connection for diabetes mellitus with erectile dysfunction is being remanded due to the need for clarification on whether he qualifies as a Vietnam veteran and for compliance with VCAA notice requirements.

The Board has determined that the veteran does not meet the criteria for aid and attendance, thus denying his claim for special monthly pension based on need for aid and attendance.