Diabetes decisions — 2009

The Veteran's diabetes mellitus was incurred in service and is now rated at 10%.

The Board has remanded the case for additional development due to incomplete medical records and inadequate VCAA notice.

The Veteran's appeal is remanded for additional development, including a VA examination and social and industrial survey to determine his ability to secure and follow substantially gainful employment due to service-connected disabilities.

The Board has denied the reopening of the claims for service connection for diabetes mellitus and peripheral neuropathy claimed as secondary to diabetes mellitus due to lack of new and material evidence.

The Veteran's initial increased rating for diabetes mellitus from 10% to 20% effective March 11, 2008 is granted. The issues of service connection for hypertension, peripheral neuropathy, kidney disorder, stomach disability, testicles disability, hematuria, and chest ulcer are addressed in the REMAND portion of this decision.

The Board has reopened the Veteran's claim for service connection for diabetes mellitus, diabetic retinopathy, peripheral neuropathy, hypertension, and mitral valve prolapse due to exposure to herbicides. Service connection is granted based on presumptive exposure.

The Board has found that the Veteran's Type II diabetes mellitus began during his period of active service and granted the claim for service connection.

The Veteran's appeal is being remanded for further action, including scheduling a videoconference hearing before a Veterans Law Judge.

The Board finds that it is as likely as not the Veteran's erectile dysfunction is related to his active service, specifically to his service-connected PTSD. Service connection for erectile dysfunction is granted.

The Board has remanded the case for further action, including clarification of representation and potential rescheduling of a hearing.

The Board finds that further development is necessary before the claim can be adjudicated, including obtaining medical records and providing the Appellant with a new VCAA notice letter. The Veteran's death was caused by esophageal cancer, but his diabetes type 2 may have contributed to his weakened state.

The Board denied service connection for tinnitus as there was no evidence of its presence during or within one year after service. Service connection for diabetes mellitus claimed as a result of herbicide exposure is remanded due to incomplete personnel records and need for further verification.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at Baptist Medical Center South on November 26, 2006. The VA is remanding the case to clarify whether a VA facility was feasibly available and to obtain an opinion regarding whether the services provided were rendered in a medical emergency.

The Board denied the veteran's claims for service connection for gout as secondary to his service-connected diabetes mellitus and for a rating in excess of 20 percent for diabetes mellitus. The effective dates for TDIU and DEA benefits were granted, but not earlier than February 8, 2005.

The Board denied service connection for diabetes mellitus, type II and coronary artery disease, status post heart attacks due to a lack of evidence of herbicide exposure during active duty.

The Board has determined that the Veteran's diabetes mellitus was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred therein. The Board also found that diabetes mellitus is not proximately due to, or the result of, a service-connected disability.

The Veteran's claims for service connection for various conditions are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by military service, including exposure to biological experiments.

The Board has determined that the Veteran's service-connected diabetes mellitus warrants an initial rating of 20 percent effective from April 23, 2007. Prior to this date, a 20 percent rating was granted based on the need for oral hypoglycemics and restricted diet.

The Board found that the Veteran's diabetes mellitus type II is not related to his military service, including as secondary to exposure to herbicides like Agent Orange. As such, service connection for this condition was denied.

The VA denied an increased rating for diabetes mellitus type II, as the condition requires insulin and a restricted diet but does not require regulation of activities.