Diabetes decisions — 2009

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy, and heart disability are being remanded due to the need for further development regarding herbicide exposure.

The case is being returned to the RO for further action due to a lack of compliance with a previous remand order regarding a VA examination.

The Board has denied all of the Veteran's claims for service connection due to a lack of new and material evidence or insufficient evidence. The claims are being considered on their merits.

The Board finds that the Veteran's type II diabetes mellitus was not incurred in or aggravated by service and is denied. The Board also denies the claims for secondary service connection for peripheral neuropathy of the head, lower extremities, and upper extremities as there is no evidence of a current disability related to active service.

The Board denied the Veteran's claims for service connection for congestive cardiomyopathy due to her service-connected diabetes mellitus, type II and denied her claim for a total disability rating based on individual unemployability (TDIU) as her service-connected disabilities do not meet the criteria.

The Veteran requested to withdraw his claim for service connection for hypertension, which was secondary to service-connected type II diabetes mellitus.

The Veteran's type II diabetes mellitus is currently rated at 40 percent, but the Board found that he does not meet the criteria for a higher rating as his condition does not require regulation of activities or episodes of ketoacidosis/hypoglycemic reactions requiring hospitalization.

The Veteran's hypertension is not service-connected as it is not caused by or aggravated by his service-connected PTSD.,The Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent prior to February 20, 2007. The evidence shows that the Veteran requires insulin and restricted diet but no regulation of activities due to ketoacidosis or hypoglycemic reactions.,There is no effective date prior to February 20, 2007 for service connection as the claim was not filed before this date.

The Veteran's claims for increased rating for hypertension, service connection for type II diabetes mellitus, and service connection for peripheral neuropathy as secondary to type II diabetes mellitus have all been denied.

The Veteran's claim for an increased disability rating for diabetes mellitus, type II was denied. The issues of service connection for diabetic retinopathy and hypertension were also addressed but the claims were not granted.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The Veteran's claims for service connection for a back disorder and type II diabetes mellitus are on appeal.

The Veteran's service-connected disabilities prevent him from obtaining substantially gainful employment, and the Board grants TDIU.

The Board denied the Veteran's claims for service connection for diabetes mellitus, decreased visual acuity, Sweet's syndrome, and peripheral neuropathy. The claim for TDIU was also denied as there is no evidence of a combined rating of 70 percent or more for his service-connected disabilities.

The Board found that there is no current diagnosis of diabetes mellitus, and the preponderance of evidence does not support a grant of service connection for Type II diabetes mellitus.

The Board denied the appellant's claim of accrued benefits pursuant to 38 U.S.C.A. § 1151 for additional disability incurred in VA medical facilities, finding that there was no evidence of carelessness or negligence on the part of VA.

The Board found that the Veteran's cause of death, pneumonia due to squamous cell lung cancer, was not related to his service or any event therein. The preponderance of evidence is against a finding that his lung cancer, hypertension, and diabetes were related to his service.

The Veteran's claimed dizziness and sleep disorder were not found to be related to his military service.,The Veteran's claimed anxiety disorder was not found to be related to his diabetes mellitus, type II or any other incident of his military service. The examiner opined that the Veteran's anxiety is already factored into his PTSD diagnosis.,The Veteran's ocular hypertension was not found to be related to his diabetes mellitus, type II or any other incident of his military service.

The Veteran's claims for service connection are being remanded due to the need to determine if he set foot in Vietnam during his service on the U.S.S. Forster.

The Board denied the Veteran's claims for service connection for diabetes mellitus, type II and hypertension due to a lack of evidence showing these conditions were incurred or aggravated by service. The presumption of exposure to Agent Orange did not apply as the Veteran was not shown to have served in Vietnam.

The Veteran's request for an increased evaluation for diabetes mellitus, type II is being remanded due to the need for a new VA examination and updated medical records.