Diabetes decisions — 2008

The veteran's appeal is being remanded for additional development to determine if his service-connected disabilities render him unemployable.

The veteran's claims for hearing loss, sleep disorder, lethargy, PTSD, stomach problems, intestinal polyps, skin condition of the legs, face, and arms (previously claimed as itching), diabetes mellitus, peripheral neuropathy, and headaches have all been denied. The RO found no evidence to support these conditions or their relationship to service.,The veteran's claims for PTSD were previously denied due to lack of verified stressor events. New evidence submitted since the previous denial does not raise a reasonable possibility of substantiating the claim.

The Board finds that the veteran's death was not caused by a service-connected disability, and thus denied DIC benefits under Section 1310. The claim for compensation benefits under Section 1151 is also denied as there is no evidence showing VA negligence contributed to the cause of death. Basic eligibility for DEA Program under Chapter 35 is also denied.

The VA has determined that the veteran does not have diabetes mellitus, type II, which is presumed to be due to exposure to Agent Orange during his service in Vietnam.

The Board has determined that the veteran's diabetes mellitus, type II, was not incurred in or aggravated by his active service and is not otherwise related to such service. The claim for service connection is denied.

The Board has granted the veteran's claim for service connection for hypertension as secondary to his service-connected type 2 diabetes mellitus, finding that the veteran's nonservice-connected hypertension was aggravated by his service-connected disability.

The veteran's claims for service connection for diabetes mellitus, diabetic retinopathy, peripheral neuropathy of the upper and lower extremities, and chronic kidney failure due to herbicide exposure are all granted.

The veteran's disabilities, while disabling, do not meet the criteria for a total rating due to their combined effect. The Board finds that she is not unemployable by reason of her disabilities.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining records and scheduling examinations.

The veteran's case is being remanded to obtain additional VA records and to schedule a VA examination. The issues include an increased evaluation for diabetes mellitus, reopening of a claim for service connection for peripheral neuropathy of the right upper extremity as secondary to diabetes mellitus, and service connection for peripheral neuropathy of the left upper and bilateral lower extremities and hypertension as secondary to diabetes mellitus.

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

The Board denied the veteran's claims for service connection for residuals of a right foot injury, residuals of a left foot injury, asbestosis, skin rash of the right index finger, diabetes mellitus to include as due to herbicide exposure, PTSD, emphysema, and an initial rating greater than 10 percent for degenerative joint disease of the right knee.

The Board denied service connection for kidney disability, colon cancer, diabetes mellitus, type II, and diabetic neuropathy as the evidence did not support a finding that these conditions were incurred in or aggravated by active duty.

The Board denied the veteran's claims for service connection for diabetes mellitus and hypertension as new and material evidence was not presented to reopen these previously denied claims.

The veteran's claims for increased ratings and a TDIU were denied. His claim for an initial compensable rating for service-connected peripheral vascular disease of the left lower extremity was also denied.

The veteran's diabetes mellitus is found to be etiologically related to his service-connected hepatitis C, and the Board grants service connection for diabetes mellitus on a secondary basis.

The veteran's combined disability rating is 70 percent, which does not meet the criteria for TDIU as one of his service-connected disabilities must be rated at least 40 percent disabling.

The Board finds that the cause of death was not related to a service-connected disability and thus denied service connection for the cause of death. The Board also found that there was no evidence showing that any service-connected disability contributed to the veteran's death.

The veteran's claims for increased evaluations of bilateral hearing loss, tinnitus, and a scar, status post appendectomy were denied. The claim for service connection for diabetes mellitus was remanded.

The Board found that the veteran did not provide new and material evidence to reopen her claim for service connection for diabetes mellitus, as the condition was diagnosed more than a year after her discharge from active duty.