Diabetes decisions — 2007

The Board has determined that the veteran's diabetes mellitus, bilateral hearing loss, and tinnitus do not meet the criteria for an increased disability rating or service connection. The current manifestations of these conditions are not severe enough to warrant a higher rating.

The veteran seeks service connection for diabetes mellitus, claimed as due to exposure to herbicides. The case is being remanded to determine if the veteran was exposed to Agent Orange at Charleston Naval Station and whether his diabetes mellitus is related to this exposure.

The veteran is appealing to reopen his claim for service connection of diabetes, which was previously denied due to lack of evidence in the service records. The Board has determined that a new and material evidence submission is needed before deciding this case.

The veteran's claims for service connection for diabetes mellitus type-2 and hypertension are being remanded to the RO for additional development.

The veteran's service connection claims for a skin disorder, throat disorder, gastrointestinal disorder, and liver disorder were denied. The claim for diabetes mellitus was granted based on presumed exposure to Agent Orange.

The Board has determined that additional development is needed to properly assess the severity of the veteran's service-connected diabetes and to determine the nature and etiology of several other claimed disabilities. The case will be returned to the RO for further action.

The Board denied the veteran's claims for service connection for various conditions, finding that there was no credible evidence of in-service exposure to Agent Orange or other presumptive conditions and that the veteran did not have a history of active service in Vietnam. The Board also found that the veteran had not established service connection for these conditions based on direct evidence.

The veteran's claim for reimbursement of unauthorized medical expenses at Jane Phillips Medical Center on December 28, 2003 is denied as the treatment was not rendered in a medical emergency and did not meet other criteria for reimbursement under VA regulations.

The veteran's diabetes mellitus with peripheral neuropathy of the upper and lower extremities and retinopathy was granted a rating of 20 percent, effective prior to May 9, 2006. The ratings for diabetes mellitus with retinopathy and peripheral neuropathy of the lower extremities were also granted at 20 percent from May 9, 2006, to July 10, 2006. For the period beginning July 11, 2006, the veteran's diabetes mellitus with retinopathy was rated as 20 percent and his peripheral neuropathy of both lower extremities were each rated at 10 percent.

The veteran is seeking service connection for diabetes mellitus, which was not diagnosed until after his discharge from active duty. The VA has requested additional evidence and a VA examination to determine the nature and etiology of the veteran's diabetes.

The Board denied all eight service connection claims, finding no competent medical evidence linking the veteran's current conditions to his military service.

The veteran's claims of entitlement to service connection for diabetes mellitus, sickle cell trait (claimed as sickle cell anemia), hepatitis C, tuberculosis, right knee injury residuals, eye injury residuals, and right rib injury residuals were denied. The Board found that the veteran did not have these conditions as a result of disease or injury incurred in or aggravated by honorable active military service.

For the period from May 8, 2001 to January 24, 2005, the veteran's diabetes mellitus was rated at 20 percent disabling. Since January 25, 2005, it has been rated at 40 percent.,The criteria for a higher rating of 60 percent or above have not been met since January 25, 2005.

The Board found that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred or aggravated. The veteran's diabetes mellitus was also not shown to be etiologically related to active service.

The Board found that the veteran's claimed conditions were not incurred or aggravated by service, and denied her claims for service connection.

The veteran's diabetes mellitus, type 2, is currently rated at 20 percent and requires oral hypoglycemic agents and a restricted diet. The RO has not assigned any rating for hypertension or large cell lymphoma, non-Hodgkin's type.,The veteran's service-connected diabetes mellitus, type 2, warrants a 20 percent evaluation as of July 24, 2003.

The veteran's service in Vietnam has been confirmed, and he is presumed to have been exposed to Agent Orange. The Board finds that the veteran meets the criteria for presumptive service connection for diabetes mellitus.

The Board has reopened the veteran's claim for service connection for diabetes mellitus, type II, claimed as due to herbicide exposure. The evidence submitted since the last final denial raises a reasonable possibility of substantiating this claim.

The Board denied the veteran's claim for an earlier effective date for service connection and a rating for diabetes mellitus type II, finding that there was no evidence of a claim within one year of his discharge from active duty.

The veteran's claims for increased evaluation of low back disorder, service connection for bilateral arthritis of the hands, hypertension, and diabetes mellitus, type II were denied. The claims for reopening service connection for herniated nucleus pulposus of C5-C6 and right shoulder disorder were also denied.