Diabetes decisions — 2009

The Board has remanded the case for further development, including obtaining VA treatment records and SSA documents. The Veteran's claims for service connection for PTSD, diabetes mellitus, and hypertension are also being reviewed.

The Veteran's diabetes mellitus, type II, is currently manifested by the need for insulin twice a day and a restricted diet. The VA examination confirmed these findings without noting any significant activity restrictions due to his diabetes.

The Board has denied the Veteran's claim for service connection for diabetes mellitus, finding that there is no evidence of a direct relationship between his current condition and his military service. The Board also found that he cannot be presumed to have been exposed to herbicides in Vietnam due to his service being primarily off the coast of Vietnam.

The Board has remanded the case due to issues related to the character of the claimant's discharge and new evidence for reopening claims. The appeal is now in a pending status.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional development, including obtaining an examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran is unable to secure and maintain substantially gainful employment due to the severity of his service-connected disabilities, which include degenerative disc disease, degenerative changes of both knees, diabetes mellitus type 2, pes cavus in both feet, hypertension, arthritic changes of the left shoulder, and rheumatoid arthritis affecting both lower extremities.

The Veteran's diabetes mellitus type II, with background diabetic retinopathy of the right eye, does not require any regulation of activities and thus does not meet the criteria for a higher evaluation.

The Board has granted service connection for diabetes mellitus, type II and assigned a 10 percent disability rating. The Veteran's eye disability is separately rated as part of his diabetes mellitus. No higher initial ratings are warranted.

The Board dismissed the Veteran's appeal due to his death while the case was pending.

The Veteran has a single service-connected disability rated as 100 percent disabling (PTSD) and additional disabilities independently rated at least 60 percent disabling. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C.A. § 1114(s)(1).

The Board found that the Veteran's diabetes mellitus was not incurred in or aggravated by her military service and denied her claim.

The Veteran's claim for a higher disability rating for diabetes mellitus with early nephropathy is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board denied service connection for type II diabetes mellitus, a cardiovascular disorder, and a psychiatric disorder due to lack of evidence linking these conditions to service or any presumptive exposure.

The Veteran's diabetes mellitus was manifested by the need for insulin and dietary restrictions, but his physical activity was not clinically regulated. Since August 17, 2008, the effective date of service connection, the disability has been manifested by the need for insulin, dietary restrictions, and clinical regulation of his physical activity.

The Board has remanded the case due to incomplete records and need for further examination. The appellant is seeking increased DIC benefits based on her need for aid and attendance due to psoriatic arthritis and diabetes.

The Veteran's diabetes mellitus, a service-connected condition, is currently evaluated at 20 percent. The VA examiner noted that the Veteran has not required regulation of activities due to his diabetes and does not have episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.

The Board has determined that the Veteran does not have hearing loss disability in either ear and his diabetes mellitus was not incurred during service. Therefore, service connection for both conditions is denied.

The Veteran's TDIU claim has been denied as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation. The increased rating and diabetes mellitus claims are being remanded for further development.

The Veteran died in October 1996 and the appellant filed a claim for accrued benefits in January 2005. The Board found that there was no pending claim for service connection at the time of the Veteran's death, and thus, the appellant did not file her claim within one year of his death. As such, she is not entitled to accrued benefits.

The Board found that the Veteran's diabetes mellitus, type II requires insulin and a restricted diet but not regulation of activities. Therefore, the next higher rating of 40 percent is not warranted.