Diabetes decisions — 2009

The Board denied service connection for various conditions, including benign tumors of the colon, migraines, hearing loss, tinnitus, peripheral neuropathy, psychiatric disorders, and vascular diseases. The appeal was reopened on new evidence.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and diabetes mellitus, finding no evidence of a nexus between these conditions and his military service.

The Veteran's service-connected disabilities, including PTSD and diabetes, meet the schedular requirements for consideration of a TDIU under 38 C.F.R. § 4.16(a), as his combined rating is 80 percent with at least one disability rated as 40 percent disabling.

The Board denied the Veteran's claims for increased ratings for diabetes mellitus and hypertension, as well as his claim to reopen a previously-denied cirrhosis of the liver/liver transplant claim. The Veteran's claim for service connection for diabetic retinopathy was also denied.

The Veteran's type II diabetes mellitus is presumed to be incurred as a result of his presumed exposure to Agent Orange during service.

The Veteran's service-connected disabilities, in and of themselves without regard to his age, render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for the cause of the Veteran's death due to diabetes mellitus, which is considered a direct service-connected disability. The DIC benefits claim under 38 U.S.C.A. § 1318 is dismissed as the grant of service connection already recognizes that the Veteran's death was due to service-connected disability.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss and diabetes mellitus, as well as service connection for diabetic retinopathy and peripheral neuropathy of the lower extremities. The RO granted an initial noncompensable rating for diabetes mellitus due to Agent Orange exposure.

The Board denied service connection for peripheral neuropathy, claimed as secondary to service-connected diabetes mellitus. The claim for an initial rating in excess of 10 percent for PTSD is remanded.

The Veteran's claims for service connection for cardiovascular disabilities are denied as secondary to diabetes mellitus. The Board found no evidence of herbicide exposure and the gap between onset and service is significant.

The Veteran's case is being remanded to the RO for consideration of additional evidence submitted since the most recent Supplemental Statement of the Case in January 2009. The Veteran and his representative will be provided with an SSOC if the claim remains denied.

The Veteran's diabetes mellitus with gastroparesis and bilateral retinopathy is not shown to have required insulin, a restricted diet, and regulation of activities prior to July 14, 2004. From July 14, 2004, the condition does not meet the criteria for an evaluation greater than 60 percent.

The Veteran's claim for an earlier effective date for a 40 percent disability rating for service-connected diabetes mellitus was granted, with the effective date set at March 12, 2002.

The Board denied the Veteran's claim for service connection for diabetes mellitus, type II, finding that it was not incurred in or aggravated by active duty and could not be presumed due to herbicide exposure. The gap between retirement from service and initial diagnosis of diabetes several years later was noted as a factor against continuity of symptomatology.

The Veteran's service-connected diabetes mellitus is currently rated at 20 percent, which reflects the need for insulin and a restricted diet. The Board finds that his condition does not warrant an increase in rating.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of a formal or informal claim prior to June 9, 2005.

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

The Veteran's type II diabetes mellitus is manifested by the required use of insulin and restricted diet, but has not caused any additional complications or restrictions. The Board finds that a higher rating is not warranted.

The Veteran's appeal is remanded due to the need for additional VA examination and consideration of recent treatment records, including those from his private jeweler business. The claim will be reconsidered with a focus on whether an extraschedular evaluation is warranted.

The Veteran withdrew his appeal for the issue of entitlement to an increased rating for diabetes mellitus.