Diabetes decisions — 2008

The veteran's increased rating claims for diabetes mellitus, arteriosclerotic heart disease (ASHD), rhinophyma, amputation of the left great toe, fracture of the right mandible, chip fractures of the ring and middle fingers, and compound fractures of the lower third of the right tibia and fibula were pending at his death. The claims are denied as there is no evidence to warrant an increased rating for any condition.

The veteran's appeal was dismissed due to his death before a decision could be made.

The Board denied the veteran's claims for an earlier effective date for a compensable rating for cervical spine degenerative arthritis, service connection for diabetes mellitus and peripheral neuropathy. The RO found no evidence of an earlier claim or medical evaluation prior to December 10, 2003.

The veteran's claims for service connection for diabetes mellitus, type II and an acquired psychiatric disorder were denied as there was no evidence of chronicity in service or a showing of continuity of symptoms after discharge. The Board found that the veteran did not serve in Vietnam or Korea during the period when Agent Orange was used, thus presumptive service connection is not warranted.

The veteran's diabetes mellitus is presumed to have been incurred in service due to herbicide exposure. COPD was not incurred or aggravated by active service, nor may it be presumed to have been incurred in active service.

The Board denied the veteran's claims for higher ratings and earlier effective dates, finding that the evidence did not support an increased rating or earlier effective date.

The Board denied the veteran's claims for increased ratings for diabetes mellitus and service connection for renal carcinoma and metastatic carcinoma to the lungs, finding that there was no evidence of a direct or secondary relationship between these conditions and his military service. The lapse of time since separation from service also weighed against granting service connection.

The Board denied a rating in excess of 20 percent for type II diabetes mellitus, finding that the veteran's activities have not been clinically regulated due to his diabetes.

The Board has restored service connection for diabetes mellitus, type 2, as the evidence is in equipoise regarding whether it should be considered type 1 or type 2.

The Board denied service connection for diabetes mellitus and did not find new and material evidence to reopen the claim for liver disease.

The veteran's claims for increased ratings and service connection were denied. The Board found that the veteran's diabetes mellitus warranted a 20% rating, hepatitis C was not incurred in or aggravated by service, depressive disorder was not incurred in or aggravated by service, and hypertension was not incurred in or aggravated by service.

The Board has granted service connection for peripheral neuropathy of the bilateral lower extremities and diabetes mellitus, but denied claims for other conditions including PTSD, diabetic retinopathy, mental deficiency (comprehension delay/loss), and a dental disorder.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of additional disability due to VA treatment, and the Board found that any symptoms were reasonably foreseeable.

The Board finds that the veteran's service-connected residuals of a fracture to the mandible contributed substantially to cause his diabetes mellitus, and grants service connection for this condition.

The Board has ordered a remand to obtain an updated medical opinion regarding whether the veteran's heart disease is caused or aggravated by his service-connected diabetes mellitus.

The Board has granted a disability rating of 40 percent for the veteran's service-connected diabetes mellitus, effective May 8, 2001.

The veteran's Type 2 diabetes mellitus is presumed to be due to herbicide exposure, and his GERD is considered presumptively related to military service.

The Board denied the veteran's claims for service connection for alcoholism, hypertension, smoking (status post throat biopsy), diabetes mellitus Type II, and high cholesterol. The decision also granted service connection for bilateral hearing loss with a 0 percent evaluation.

The Board found that the veteran's death was not caused by or a result of his service-connected conditions, including diabetes mellitus and postoperative left thoracotomy with pleurectomy. The medical evidence did not support a connection between these conditions and the cause of death.

The Board has remanded the case for further development, including obtaining medical records and a VA medical expert opinion to determine if service-connected conditions contributed to the veteran's death.