Diabetes decisions — 2009

The Veteran's claim to reopen service connection for a right ankle disorder is granted. However, the Board finds that additional development of evidence is required before addressing the merits of his service connection claim.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for various conditions and TDIU are moot.

The Board denied service connection for diabetes mellitus, hypertension, bilateral hearing loss, tinnitus, and coronary artery disease (CAD) as the appellant did not serve in the Republic of Vietnam during active military duty. The claims were also denied on a secondary basis due to lack of evidence linking these conditions to service-connected disabilities.

The Board has determined that the Veteran's hypertension is proximately due to or the result of his service-connected diabetes mellitus type II, and grants service connection for this condition.

The Board determined that the Veteran's diabetes mellitus did not require regulation of activities, and therefore denied an initial rating in excess of 20 percent.

The Board denied the Veteran's claims for service connection for a left shoulder disability and diabetes mellitus, finding no current disability for either condition.

The Veteran's claim for an effective date prior to October 29, 2003 for increased evaluations of the bilateral upper extremities was granted. His initial rating for diabetes mellitus type II was later increased to 40 percent in August 2003.

The Veteran's asthma, diabetes mellitus, and prostate cancer were not found to be related to his military service or herbicide exposure.

The Board denied the Veteran's claims for service connection for hypercholesterolemia and severance of service connection for diabetes mellitus type II. The decision found that hypercholesterolemia is not a compensable disability, and that the proposed severance was proper as there was evidence showing the Veteran had diabetes mellitus type I rather than type II.

The Board found that the Veteran's service-connected diabetes mellitus did not cause or contribute substantially to his death from colon cancer, which was diagnosed 35 years after service. The Board also noted that there is no direct evidence linking the Veteran's colon cancer to service.

The Board has denied service connection for diabetes mellitus, type II and left above the knee amputation as a result of vascular neuropathy. The Veteran's claim of peripheral neuropathy due to herbicide exposure is inextricably intertwined with these issues.

The Veteran's service-connected diabetes mellitus with renal insufficiency is currently rated at 20 percent, and the claim for a higher rating has been granted.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and because adjudication of these claims may impact other secondary service connection claims.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for diabetes mellitus, which was previously denied in September 2002. The claim is now reopened.

The Veteran's claims for increased ratings for peripheral neuropathy and diabetes mellitus were denied. The claim for service connection for bilateral carpel tunnel syndrome is pending.

The Board has decided that additional development is needed to determine the Veteran's service connection for diabetes mellitus, including obtaining medical records and scheduling a VA examination.

The Veteran's request for a waiver of recovery of an overpayment of VA pension benefits was denied due to the finding that his bad faith in not reporting his spouse's Social Security income created the overpayment.

The Board has determined that the appellant is not in need of regular aid and attendance or permanently housebound, thus denying her claims for special monthly pension benefits on those grounds. However, she was granted special monthly pension benefits based on being housebound.

The Veteran's diabetes mellitus, type II is presumed to have been incurred in service due to exposure to Agent Orange. The Veteran's tinnitus has a maximum schedular rating of 10 percent.

The Veteran's claims for service connection were denied as his claimed conditions did not have a direct link to his military service and there was no evidence of herbicide exposure or other presumptive conditions.