Diabetes decisions — 2009

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Buchanan General Hospital on November 21, 2006 was denied as the treatment did not meet the criteria for a medical emergency and no VA facility was feasibly available.

The Veteran's claims for increased ratings for diabetes mellitus and peripheral neuropathy of the lower extremities have been denied. The RO awarded a 40 percent rating effective September 26, 2006, for right and left lower extremity peripheral neuropathy.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation consistent with his education and employment history.

The Veteran's claim for service connection for a cervical spine disorder is denied as the evidence does not support a finding that any current cervical spine disorder is related to service. The Veteran's TDIU claim is granted due to his service-connected disabilities precluding him from obtaining and retaining all forms of substantially gainful employment.

The Board has remanded the issues of service connection for hypertension and hypertensive heart disease to allow for further development, including obtaining medical records and providing a VA examination.

The Board has ordered a remand to provide the Veteran with notice of 38 C.F.R. § 3.156 in a supplemental statement of the case (SSOC), which includes a citation to that regulation, and to review his claim for service connection for diabetes mellitus.

The Veteran is granted special monthly pension at the housebound rate due to his age and multiple nonservice-connected disabilities, with a combined rating of 80 percent.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is granted due to his service-connected disabilities. However, he is precluded from receiving a special home adaptation grant as he already qualifies for the acquisition of specially adapted housing.

The Veteran's claim for service connection for diabetes mellitus, which he contends is due to exposure to Agent Orange during his service in Vietnam, has been denied by the Board of Veterans' Appeals. The evidence does not support a finding that the Veteran was exposed to herbicides while serving in Vietnam or that his diabetes mellitus developed as a result of such exposure.

The Veteran's service-connected conditions do not render him unemployable due to their severity, as he is able to perform substantially gainful employment despite his disabilities.

The Board has denied the Veteran's claims for service connection for hypertension, coronary artery disease, diabetic retinopathy, and erectile dysfunction as they are not related to service or secondary to his service-connected diabetes mellitus.

The Board has denied the Veteran's claims for service connection for thrombocytopenia, hypothyroidism, and diabetes mellitus as there is no evidence that these conditions began in or are related to her military service.

The Board denied the Veteran's claims for service connection for asbestos-related lung disease, back disability, right leg disability, head injury, eye disability, and stomach disability. The claims for diabetes mellitus were also denied. No new and material evidence was submitted to reopen any of these previously-denied claims.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge (VLJ). The issues of service connection for various conditions are pending.

The Board denied the Veteran's claim for service connection for type II diabetes mellitus as there was no evidence of herbicide exposure in Okinawa and no medical opinion linking his current condition to service.

The Veteran's appeal is being remanded to the RO/AMC for additional development, including obtaining medical records from Dr. H and scheduling a VA ophthalmology examination.

The Veteran's claim for special monthly pension on account of the need for regular aid and attendance or being housebound is denied as he does not meet the criteria for either benefit.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected diabetes mellitus, peripheral neuropathy of the lower extremities, and diabetic nephropathy with aggravated essential hypertension.

The Veteran's Type II diabetes mellitus was not incurred in or aggravated by service, and is not otherwise causally related to his military service. The Board found no evidence of herbicide exposure during the period of service in Korea.

The Veteran did not apply for RH insurance during his lifetime and was not found to be incompetent from a service-connected disability. Therefore, the claim is denied.