Diabetes decisions — 2008

The Board has restored service connection for diabetes mellitus with peripheral neuropathy of the bilateral feet, finding that the severance was improper due to a lack of clear and unmistakable error in the diagnosis.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grants due to his overall disability picture.

The Board has determined that the appellant does not have legal entitlement to accrued benefits due to a lack of timely filing and no CUE in the original July 1996 decision.

The Board denied the veteran's claim for an effective date prior to June 26, 2002 for the grant of TDIU due to unemployability caused by service-connected disabilities. The veteran did not meet the schedular requirements for TDIU at that time.

The Board found that the veteran's heart-related disabilities did not cause his death, and service connection for these conditions was not established. The appellant's claim of diabetes mellitus contributing to her husband's death or aggravating his cardiovascular disorders could not be substantiated.

The Board has determined that the veteran does not have current diagnoses of peripheral neuropathy of the upper extremities or diabetic retinopathy, and thus service connection cannot be granted for these conditions.

The case is being remanded to the RO for further development of service records and obtaining Social Security Administration (SSA) records. The veteran's claim for service connection for diabetes mellitus will be reconsidered based on the additional evidence.

The veteran's claims for service connection for diabetic retinopathy and cataracts are being remanded due to the need for a more contemporaneous VA examination.

The veteran's appeal for service connection for post traumatic stress disorder, hepatitis C, cirrhosis of the liver, and diabetes mellitus was dismissed as he did not file a timely substantive appeal.

The veteran's death was not caused by a service-connected disability, and therefore, he is not eligible for service-connected burial allowance.

The veteran's claim for an increased evaluation for diabetes mellitus, type II has been dismissed due to the death of the appellant.

The Board denied the veteran's claims for service connection for diabetes mellitus, hypertension, and heart disability. The evidence did not show exposure to herbicides in Okinawa or any other location where Agent Orange was used. There is no medical evidence linking these conditions to service.

The Board determined that the veteran's medical treatment at Albany General Hospital on April 15 and 16, 2006 was not for an emergency condition requiring immediate care. The closest VA facility was feasibly available but could not be safely transferred to due to distance.

The Board denied service connection for the claimed conditions, including diabetes mellitus, hypertension, vascular disease, cerebrovascular accident, osteoporosis, and dermatitis, due to exposure to ionizing radiation. The claims were found not well grounded.

The Board denied the veteran's claims for service connection for diabetes mellitus, high triglycerides, GERD, Barrett's esophagus, and residuals of a broken nose due to lack of evidence linking these conditions to his active duty service or Agent Orange exposure.

The veteran's service connection claims for various conditions, including diabetes mellitus type 2 and hearing loss, are granted based on presumed exposure to herbicide agents during his Vietnam-era service.

The Board denied the veteran's claim for an earlier effective date for service connection of diabetes mellitus, finding that the earliest effective date is April 4, 2006.

The VA denied the veteran's claim for service connection for hypertension, finding that it was not incurred in or aggravated by service and is not associated with his service-connected disabilities.

The Board has remanded the case for further development to determine if the veteran's liver cancer and lung cancer, including any connection with Agent Orange exposure or other conditions, contributed to his death.

The Board denied the veteran's claims for increased ratings for his service-connected diabetic nephropathy and diabetes mellitus, finding that the evidence did not meet the criteria for higher ratings under VA rating schedules.