Diabetes decisions — 2009

The Veteran's diabetes mellitus is rated at 40 percent since February 13, 2008. The Board found that the condition warranted this evaluation due to its impact on his daily activities and need for insulin.

The Veteran's claims for increased ratings for diabetes mellitus, lumbar strain with degenerative disc disease and arthritis, status post cholecystectomy and reflux esophagitis, and pes planus were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's diabetes mellitus associated with herbicide exposure was rated at 20 percent prior to March 14, 2008 and increased to 60 percent beginning on that date. The Veteran does not meet the criteria for a higher rating under Diagnostic Code 7913.

The Board found that the Veteran has a current diagnosis of diabetes mellitus type I, which is not associated with exposure to herbicides. Therefore, service connection for diabetes mellitus type II was denied.

The Veteran's combined evaluation for service-connected disabilities is 80 percent from June 20, 2000 to June 10, 2004, and 90 percent from June 11, 2004. The criteria for assignment of an increased combined evaluation are not met.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus and prostate cancer, finding no credible evidence of herbicide exposure in Vietnam. The conditions were not shown to be related to his active duty service.

The Veteran's diabetes mellitus was initially rated at 10 percent prior to December 18, 2001. From that date, the disability has been rated at 20 percent. The Board found no evidence of insulin or oral hypoglycemic agents before December 18, 2001 and thus denied a higher rating for this period. For the period from December 18, 2001 onwards, the Veteran's diabetes mellitus was rated at 40 percent based on the need for regulation of activities.

The Board finds that it is as likely as not that the Veteran has type II diabetes mellitus and grants service connection for this condition.

The Veteran's claims for service connection for type II diabetes mellitus and prostate cancer are being remanded due to the need for additional development, including verification of herbicide exposure.

The Board denied the Veteran's claim for an effective date earlier than April 8, 1996, for the grant of a 30 percent rating for his service-connected epididymitis disability. The RO found that there was no clear and unmistakable error in the April 1998 decision that granted the Veteran a 30 percent rating.

The Veteran requested to withdraw his appeal regarding the effective date for the award of service connection for diabetes mellitus, type II.

The Board has determined that additional development is necessary to determine if the Veteran's death was caused by Type II diabetes mellitus, which may be related to his exposure to Agent Orange during service.

The Veteran's type II diabetes mellitus is found to be the result of his abuse of alcohol, and service connection for this condition as secondary to service-connected pancreatitis is denied.

The Board denied reopening the Veteran's claims for service connection for hypertension and diabetes mellitus, type II due to lack of new and material evidence.

The Board denied the Veteran's claims for service connection for lung disease and diabetes mellitus, both claimed as due to herbicide exposure. The evidence did not support a finding of a relationship between these conditions and military service.

The Veteran's claim for service connection for Type II diabetes mellitus, claimed as secondary to herbicide exposure, is being remanded due to the need to verify his alleged exposure in Thailand and determine if he was exposed to Agent Orange.

The Veteran's claim for service connection for diabetes mellitus, to include as secondary to herbicide exposure, was denied. The Board found that the Veteran did not serve in Vietnam and therefore could not be presumed exposed to herbicides. There is no evidence of a current disability or any link between service and the claimed condition.

The Board found that the Veteran's diabetes mellitus was not incurred in or aggravated by service, including as a result of herbicide exposure. The claim for service connection was denied.

The evidence does not establish that the Veteran's diabetes mellitus is related to his active military service, and it was not shown to have been manifested within one year after separation from service. As a result, the claim for service connection is denied.

The Board has determined that an earlier effective date for a 10% evaluation for diabetes mellitus is not warranted, as the evidence does not show a factually ascertainable increase in disability prior to December 22, 2004.