Diabetes decisions — 2009

The Veteran's initial rating for diabetes mellitus remains at 20 percent, and the effective date for service connection is denied.

The Board found that the Veteran's cause of death was not service-connected and denied both claims for accrued benefits.

The Board has determined that the Veteran does not qualify as a Nehmer class member for diabetes mellitus, and thus an effective date prior to May 8, 2001 is denied.

The Board has determined that none of the Veteran's claimed disabilities are related to his service, including exposure to ionizing radiation. As a result, service connection is denied for all issues.

The Board found that the Veteran's claim for a total disability rating based on individual unemployability (TDIU) was moot due to his increased rating of 100% for PTSD effective from August 13, 2001.

The Board has determined that the Veteran's Type II Diabetes Mellitus and Chronic Lymphocytic Leukemia are not related to his military service, including exposure to Agent Orange in Vietnam. As a result, these claims for service connection have been denied.

The Board found no evidence of a current stroke or its residuals, and thus denied the Veteran's claim for service connection for residuals of stroke as secondary to his service-connected type II diabetes mellitus and coronary artery disease.

The Veteran's claims for service connection for athlete's foot, diabetes mellitus type II, peripheral neuropathy, and a lung disability (including emphysema or chronic obstructive pulmonary disease) were denied. The Board found that the evidence did not support these claims.

The Board denied the Veteran's claims of service connection for diabetes and an increased rating for PTSD. The Veteran was not diagnosed with diabetes during the appeal period, and there is no evidence to support a current diagnosis. For PTSD, the Board found that while the Veteran experienced significant symptoms consistent with his claim, he did not meet the criteria for a 70% or higher rating due to deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Board has determined that the Veteran's diabetes mellitus, type II is service connected due to exposure to herbicides during his service in Korea.

The Veteran's service treatment records do not show any complaints, findings or diagnoses of impotence, hearing loss, or retinopathy during service. There is no medical evidence showing these conditions were present during service.,There are no post-service medical records indicating the presence of bilateral hearing loss until 1999, and the Veteran did not report having treated for this condition in his application for compensation.

The Veteran's appeal is being remanded for additional development, including a VA examination and VCAA notice.

The Board restored service connection for peripheral neuropathy of the right lower extremity and granted a 10 percent evaluation for diabetes mellitus. The Veteran's hypertension is rated at 10 percent.

The Veteran's death was not caused by a service-connected disability, and he did not meet the eligibility criteria for VA nonservice-connected death pension benefits or DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for diabetes mellitus, coronary artery disease, hypertension, and TDIU are being remanded due to the need for a VA examination to determine the etiology of his diabetes mellitus.

The Veteran's diabetes mellitus, Type II, is currently rated at 20 percent and the Board finds that a higher rating is not warranted.

The Veteran's claims for service connection and increased evaluations have been denied. The Board found that the evidence did not support a finding of secondary service connection for refractive error, or higher initial evaluations for peripheral neuropathy or diabetes mellitus.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy of the left upper extremity and both lower extremities, and erectile dysfunction have been granted.

The Veteran does not have any of the claimed conditions, and there is no evidence linking them to his service. The claims for service connection are denied.

The Board has determined that the Veteran's type II diabetes mellitus, bilateral pes planus, and right knee disorder were not incurred or aggravated during his periods of active duty service. The evidence does not support a finding of service connection for these conditions.