Diabetes decisions — 2008

The Board denied the veteran's claims for service connection for depression, PTSD, and peripheral neuropathy of the lower extremities. The claim for an initial compensable rating for diabetic retinopathy was also denied.

The veteran's claims for service connection for diabetes mellitus, type II and asthma were denied in March 1985. The RO granted service connection for lumbar strain, acne scars on both cheeks, a left ankle disability, acne scars of the back, and rhinitis with an effective date of September 15, 2004.

The veteran's service-connected disabilities, including myocardial infarction, amputation, osteomyelitis, diabetes mellitus, and erectile dysfunction, do not preclude him from securing or following a substantially gainful occupation.

The Board denied the veteran's claims for increased ratings for PTSD and Type II diabetes mellitus, as well as his service connection claims for Ménire's disease, hypertension, cardiovascular-renal disease, kidney stones, thyroid tumor, arthritis, ulcer (gastric-peptic), and hepatitis C. The Board found that the veteran did not provide sufficient evidence to reopen his claim of entitlement to service connection for a scar of the right thigh.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to use assistive devices.

The Board has denied the veteran's claims for increased ratings for diabetes mellitus type II and post-traumatic stress disorder.

The Board denied the veteran's claims for service connection for diabetes mellitus, bilateral leg disability, bilateral knee disability, and eye disability due to lack of evidence linking these conditions to his time in service.

The Board has determined that a new VCAA notice is required, and the case must be remanded for further development including medical opinions on whether service-connected conditions contributed to the veteran's death.

The veteran's appeal is being remanded due to the need for additional development and examination, including a statement of the case on service connection for peripheral neuropathy and consideration of his TDIU claim.

The Board denied the veteran's claims of service connection for diabetes mellitus and arthritis, finding no evidence to support a direct link between these conditions and his military service.

The veteran's diabetes mellitus and peripheral neuropathy of the upper and lower extremities are currently rated at 20% and 10% respectively, resulting in a combined rating of 50%. The Board finds that these ratings adequately reflect the severity of his service-connected disabilities.

The Board has determined that the veteran does not meet the criteria for service connection for Type II diabetes mellitus or peripheral neuropathy, as there is no evidence of a current disability and the medical records do not support these claims. The veteran's service was outside the areas where Agent Orange exposure was confirmed.

The Board denied the veteran's claim for service connection for diabetes mellitus, finding that his diabetes is Type I and not due to herbicide exposure in Vietnam. The preponderance of evidence shows it is due to a nonservice-connected condition.

The Board has determined that the veteran's VA Form 9, received in January 2004 is not a timely filed substantive appeal as to the issue of service connection for PTSD. As such, this issue is dismissed.

The veteran has withdrawn his appeal for stomach and leg disorders, leaving no issues remaining for the Board to consider.

The VA denied the veteran's increased rating claim for diabetes mellitus and his request for a higher rating for diabetic nephropathy and hypertension. The RO found that the veteran was not using insulin or requiring dietary restrictions, which prevented him from receiving a higher rating.

The Board found no evidence linking the veteran's diagnosed conditions of diabetes mellitus and chronic lymphocytic leukemia to his military service, including any exposure to herbicides. As a result, the claims for service connection were denied.

The Board has determined that the veteran's PTSD warrants a 50 percent evaluation, effective April 21, 1997. The veteran's Diabetes Mellitus type 2 is currently rated at 20 percent, also effective April 21, 1997.

The Board has determined that the veteran's service-connected conditions do not warrant a separate compensable evaluation for diabetic cataracts, diabetic onychomycosis of both feet, or an evaluation in excess of 30 percent for diabetic nephropathy. The appeal is denied.

The veteran's claim for a higher initial disability rating of PTSD was granted, with the effective date set at June 29, 2006. The TDIU claim is also granted from May 20, 2004.