Diabetes decisions — 2009

The Veteran's service-connected disabilities render him unable to care for his daily needs or protect himself from the hazards of his environment, such that he requires the regular aid and attendance of another person. He does not have loss or permanent loss of use of one or both feet or hands, nor ankylosis of one or both knees or hips due to service-connected disabilities.

The Veteran's initial disability evaluation for diabetes mellitus was increased to 40 percent effective April 8, 2004. Service connection for bilateral cataracts was denied.

The Veteran's service-connected diabetes mellitus is rated at 20 percent, and the Board finds that it does not warrant a higher rating based on current symptoms.

The Veteran's claim for an initial compensable rating for service-connected bilateral hearing loss is denied.,New and material evidence has been received to reopen the previously denied claim seeking service connection for loss of vision in the right eye, but service connection cannot be granted as it was denied due to lack of evidence at that time. Service connection for diabetes mellitus is presumed based on herbicide exposure during service in the Republic of Vietnam.,Service connection for TMJ syndrome and headaches is not granted as there is no evidence linking these conditions to service. The Veteran's claim for alcoholism is precluded by law, and hypoglycemia is not a disability for which VA benefits can be awarded.,Impaired immunity, swollen prostate, and swollen lymph glands are presumed due to herbicide exposure and radiation, but there is no evidence of these conditions being related to service.

The Veteran is eligible for assistance in acquiring specially adapted housing and necessary adaptive equipment due to his service-connected disabilities, including peripheral neuropathy of the lower extremities and CVA.

The Board has remanded the case due to insufficient evidence regarding whether the appellant's service-connected PTSD and/or diabetes mellitus, type II, caused or aggravated his hypertension. The RO must obtain a clarifying opinion from the examiner who conducted the January 2009 VA examination.

The Board denied the Veteran's claim for an initial evaluation in excess of 20 percent for his service-connected diabetes mellitus, type II.

The Veteran's claim for an initial compensable evaluation for erectile dysfunction was denied as his erectile dysfunction did not result in penile deformity, and therefore, no compensable rating could be assigned.

The Veteran's cause of death was emphysema, with diabetes mellitus as a significant condition. The appeal is being remanded to determine if these conditions are service-connected and whether the appellant can receive accrued benefits for aid and attendance.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that the veteran's diabetic retinopathy warrants a 10 percent evaluation, effective from the date of the April 2002 grant of service connection.

The Veteran's appeal regarding increased ratings for service-connected diabetes mellitus and hypertension was dismissed as he did not file a timely substantive appeal.

The Board found that the Veteran's hypertension was not caused or aggravated by his service-connected diabetes mellitus, and thus denied the claim for secondary service connection.

The Veteran withdrew his appeals regarding the initial evaluations for peripheral neuropathy of the left and right lower extremities, erectile dysfunction, special monthly compensation based on loss of use of the creative organ, diabetes mellitus, coronary artery disease with hypertension, and service connection for diabetic retinopathy and cataracts.

The Veteran's diabetes mellitus was not incurred during service and there is no evidence of herbicide exposure. The Board denied the claim for service connection for diabetes mellitus.

The Veteran's hepatitis C with cirrhosis was granted a 20% evaluation, effective from July 28, 2004. His mood disorder/depression associated with hepatitis C with cirrhosis received an initial 50% evaluation from July 28, 2004 to August 24, 2005 and remains at 50%. The Veteran's diabetes mellitus and hypertension claims are pending.

The Veteran's claim for service connection for diabetes mellitus due to herbicide exposure is granted. The Veteran's PTSD rating is increased from 50% to 70%, effective July 11, 2005, and the earlier effective date of this rating is granted.

The Veteran's diabetes mellitus, Type II is presumed to have been incurred in service due to herbicide exposure. The Board also finds that the Veteran has bilateral lower extremity peripheral vascular disease and bilateral upper and lower extremity peripheral neuropathy that are at least as likely as not caused by his service-connected diabetes mellitus, Type II.

The Veteran's claims for service connection for diabetes mellitus and prostate cancer, both claimed as due to herbicide exposure, have been dismissed due to the death of the Veteran.