Diabetes decisions — 2009

The Board has remanded the case for further development, including verifying when the Combat Infantry Badge was issued to the Veteran and determining the location of the 137th Ord CO between 1963 and 1969. The AOJ should issue a supplemental statement of the case with consideration of all additional evidence.

The Board has determined that the Veteran's diabetes mellitus type II and prostate cancer are related to his active service, with the benefit of doubt given in favor of the Veteran. The exposure basis is considered 'none' as there was no actual service in Vietnam or documented herbicide exposure.

The Board found that the Veteran's service-connected stasis dermatitis did not cause or contribute to his death, and there was no evidence linking any of his post-service conditions (including diabetes) to his active duty service. The Board denied the claim for service connection for the cause of death.

The Board has determined that further action is needed to adjudicate the claims, including obtaining a VA medical opinion regarding the cause of death and addressing the Veteran's other diseases and disorders in addition to Type II diabetes.

The Board finds that the appellant is not in need of regular aid and attendance or substantially confined to her home due to her disabilities, and therefore does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board has determined that additional development is needed to address the merits of the Veteran's service connection claims for diabetes mellitus, a nervous disorder, and lumbar spine degenerative disc disease with left leg radiculopathy.

The Board denied the Veteran's claims for service connection for hearing loss of the left ear and diabetes mellitus, type 2. The claim for an earlier effective date for service connection for PTSD was also denied.

The Veteran is seeking service connection for hypertension, which he claims is related to his service-connected diabetes mellitus. The Board has determined that further development of the record is needed, including obtaining medical records and scheduling a VA examination.

The Veteran's diabetes mellitus is presumed to have been due to service, including herbicide exposure. The Board finds that the Veteran has current peripheral neuropathy of the bilateral upper and lower extremities, chronic inflammatory demyelinating polyneuropathy, and erectile dysfunction that are related to his service-connected diabetes mellitus.

The Board denied the Veteran's claims for service connection for diabetes mellitus, bilateral tinnitus, and bilateral hearing loss. The decision found no evidence of in-service onset or relationship to service.

The VA determined that the Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent, as it has not required regulation of activities or hospitalization for ketoacidosis or hypoglycemic reactions.

The Veteran's service-connected erectile dysfunction does not meet the criteria for special monthly compensation based on loss of use of a creative organ.

The Veteran's service-connected disabilities, including coronary artery disease (CAD) and diabetes mellitus, are reasonably shown to be of such nature and severity as to preclude him from participating in any regular substantially gainful employment.

The Veteran's combined disability rating is 70%, meeting the minimum schedular criteria for TDIU under 38 C.F.R. § 4.16(a). However, his service-connected disabilities do not render him unemployable due to their severity alone.

The Board has dismissed the appellant's claims of entitlement to earlier effective dates for service connection due to a final rating decision in May 2003 and June 2004, which cannot be revised based on clear and unmistakable error.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no evidence of a disease or injury in service, and the Board found that he did not have exposure to herbicide agents during his military service.

The Board denied service connection for diabetes mellitus and onychomycosis, finding that the Veteran's service did not involve duty or visitation in Vietnam. The evidence does not support a finding of exposure to herbicides.

The Board denied the Veteran's claim for service connection for diabetes mellitus, type II, with hypertension due to exposure to Agent Orange as there was no evidence of Vietnam service and thus no presumption of herbicide exposure applies. The Veteran did not provide sufficient evidence to establish his own exposure to herbicides during service.

The Board denied the Veteran's claim for service connection for Bell's palsy as secondary to his service-connected hearing loss. The combined evaluation of his service-connected disabilities is currently at 80 percent.

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the lack of verification of herbicide exposure in Okinawa, Japan. The case will be readjudicated after further development.