Diabetes decisions — 2009

The Veteran's appeal has been withdrawn due to the request for withdrawal of his appeal.

The Board has determined that the Veteran's diabetes mellitus, Type II and prostate cancer may be presumed to have been incurred due to exposure to herbicides during his service in Vietnam.

The Board has determined that there is no evidence of a nexus between the Veteran's claimed conditions and his active service, and thus denied all claims for service connection.

The Veteran's peripheral neuropathy of the feet and left upper extremity have been granted increased ratings, with the right foot receiving a 40 percent rating since May 17, 2005. The Veteran's right upper extremity received a 30 percent rating since December 18, 2008.

The Board has remanded the case due to inadequate notice and need for additional medical opinions regarding the cause of death.

The Board has remanded the case due to inadequate VCAA notice and need for additional medical opinions regarding the cause of death.

The Veteran's hepatitis C was increased to a 60 percent rating effective May 16, 2008. His gastritis and appendectomy scar were not granted an increase in ratings.

The Board has remanded the case due to insufficient development of the Veteran's exposure history and incomplete personnel records. The claim will be reconsidered after these issues are addressed.

The Veteran's request for service connection for diabetes mellitus, type II is being remanded due to his request for a videoconference hearing.

The Veteran's claim for service connection for type II diabetes mellitus, claimed as secondary to Agent Orange exposure, is denied because there is no evidence of herbicide exposure during service and the disease was not shown to be related to service.

The Veteran's diabetes mellitus was not incurred in or aggravated by service, and the Board denied his claim for service connection.

The Veteran's claim of service connection for chronic bronchitis was denied due to lack of new and material evidence. His claims for decreased vision, prostate disability, increased rating for diabetes mellitus, type II, and TDIU were also denied.

The Veteran's appeal is for an increased rating for service-connected diabetes mellitus, Type II. The RO/AMC must schedule the Veteran for a VA examination to determine the current severity of his diabetes and consider both the propriety of a 'staged' rating based on any changes in the degree of severity of the disability and an extra-schedular evaluation.

The Veteran's right knee disability is characterized by arthritis and pain, but he has full range of motion. His diabetes was present within one year of his discharge from service and may be presumed to have been incurred in service.

The Board found that the Veteran's non-arteritic ischemic optic neuropathy (NAION) was not secondary to his service-connected diabetes mellitus and denied the claim.

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to inadequate examination and incomplete discussion of secondary service connection.

The Board denied service connection for the cause of the Veteran's death, finding that there was no medical basis to conclude that PTSD caused his death.

The Board denied the Veteran's claims for service connection for hepatitis C and for evaluations in excess of 20 percent for diabetes mellitus, type II, and for evaluations in excess of 10 percent for diabetic peripheral neuropathy of the lower and upper extremities. The claim for hepatitis C was denied due to lack of a current diagnosis. The claim for diabetes mellitus was granted with a 20 percent evaluation.

The Veteran's diabetes mellitus is currently rated at 20 percent disabling, and a separate disability rating of 20 percent effective from June 5, 2005, through June 8, 2006, and of zero percent beginning June 9, 2006, for genitourinary system dysfunction associated with the diabetes mellitus.

The Board has determined that a new VA examination is necessary to determine if the Veteran's hypertension was aggravated by his service-connected diabetes mellitus, type II. The case will be remanded for this purpose.