Diabetes decisions — 2009

The Veteran's claim for a clothing allowance for 2005 was denied by the VAMC. The Board has decided to remand the case back to the VAMC for further action, including obtaining additional medical records and providing proper notice under the Veterans Claims Assistance Act of 2000.

The Veteran's claim for an increased rating for diabetes mellitus was denied, and the Board determined that new and material evidence had not been received to reopen his previously denied claim for earlier effective date for special monthly compensation at R-1 and R-2 rates.

The Veteran's service-connected disabilities, including renal insufficiency with hypertension, cataracts, coronary artery disease, diabetes mellitus, type II, hearing loss, and tinnitus render the Veteran unemployable. Therefore, the Board finds that entitlement to individual unemployability is warranted.

The Veteran's claim for a total disability rating based on individual unemployability from November 2000 to August 2001 is granted as he meets the schedular criteria and there is probative evidence of his unemployability due to service-connected disabilities.

The Veteran's initial rating for diabetes mellitus, type II was denied as the evidence did not support a higher rating based on his current symptoms and treatment regimen.

The Board has remanded the case due to insufficient development of evidence regarding whether the appellant's hypertension is secondary to his service-connected diabetes mellitus, type 2. The case must be returned for a new VA examination to determine this relationship.

The Board denied the Veteran's petition to reopen his claim for service connection for type II diabetes mellitus, finding that no new and material evidence had been submitted.

The Board is remanding the case to comply with VCAA requirements and to determine whether new and material evidence has been submitted to reopen the determination that his discharge is a bar to VA benefits.

The Veteran's claims for service connection for PTSD, hearing loss and ruptured eardrums were denied. The claim for diabetes mellitus was not decided as it is unclear if the exposure basis related to herbicide agents.

The Veteran's claim for service connection for type II diabetes mellitus was denied as there is no evidence of in-service exposure to herbicide agents or actual visitation in the Republic of Vietnam. The Board found that the Veteran did not meet the criteria for presumptive service connection based on Agent Orange exposure.

The Veteran's PTSD and OCD were not established due to lack of in-service stressors. The mixed personality disorder was established, but the diabetes mellitus and arthritis claims are not supported by evidence linking them to service.

The Veteran's claim for an increased rating for diabetes mellitus, type II was denied. The RO also denied service connection for COPD in a prior decision that became final. New evidence received since the last denial is sufficient to reopen the claim of service connection for COPD.

The Veteran's claims for service connection and increased special monthly compensation were denied. The Board found that the evidence did not support higher ratings or additional benefits.

The Veteran's service-connected disabilities were not rated as 100% disabling for at least 8 years prior to his death, thus denying the appellant enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2).

The Board has remanded the Veteran's claims for hypertension, diabetes mellitus, prostate cancer, and posttraumatic stress disorder due to incomplete records from Lackland Hospital.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, type II and peripheral neuropathy of the arms, hands, legs and shoulders. The Board found no evidence to support these conditions being incurred in or aggravated by service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicides in Korea, which could affect his claims for diabetes mellitus and related conditions.

The Veteran's claims for service connection were denied. The Board found that his bilateral hearing loss and tinnitus are not related to military service, while his erectile dysfunction is not proximately due to or aggravated by his diabetes mellitus. His peripheral neuropathy in the upper extremities was considered a complication of his diabetes mellitus. However, he did not meet the criteria for an increased rating for his type II diabetes mellitus.

The Board has granted service connection for diabetes mellitus, Type 2 and left ventricular hypertrophy and hypertension based on direct evidence of their onset in service.

The Veteran's claim for service connection for diabetes mellitus secondary to herbicide exposure is being remanded due to the need to verify if his unit had patrolled near the DMZ in Korea where herbicides were used.