Diabetes decisions — 2009

The Veteran's diabetes mellitus, Type II is granted as service connected due to herbicide exposure during his service in the Republic of Vietnam.

The Veteran's diabetes mellitus is currently rated at 20 percent, and he has been granted separate compensable evaluations for erectile dysfunction, gastroparesis, cataracts, and hemorrhoids as secondary to his service-connected diabetes mellitus.

The Board has denied the Veteran's claims for service connection for various conditions, finding no evidence of a causal link between these conditions and his military service.

The Board denied the Veteran's claims for service connection for diabetes mellitus, hypertension, erectile dysfunction, peripheral neuropathy of the upper and lower extremities, as well as dyslipidemia. The reasons were that there was no evidence of in-service exposure to herbicide agents like Agent Orange, and the conditions did not manifest within a year of discharge from active service.

The Veteran's claims for service connection and increased evaluations were denied. The issues of service connection for PTSD, scars of the groin as residuals of fungal infection, myositis, degenerative arthritis and spinal stenosis of the lumbar spine, appendectomy scar, and diabetes mellitus with complications are addressed in the Remand portion.

The Board found that the Veteran's current diabetes mellitus, kidney stones, respiratory disability, acquired psychiatric disability, and hypertension are not related to his military service. The evidence does not support a finding of service connection for these conditions.

The Veteran's diabetes mellitus was diagnosed within one year of separation from service and meets the criteria for presumptive service connection.

The Board has determined that the veteran's service-connected peripheral vascular disease, which is linked to his inservice cold injury, contributed substantially or materially to cause his death from coronary artery disease and diabetes mellitus.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with a VA examination to determine if her cataracts are chronically worsened by her service-connected diabetes mellitus.

The Board denied the Veteran's claims of service connection for diabetes mellitus, coronary artery disease, and hypertension. The evidence did not support a finding that these conditions were related to his military service or exposure to herbicides.

The Board denied the Veteran's claim for service connection for diabetes and related disorders as a result of exposure to herbicides, finding that there was no evidence of in-service exposure to herbicides or chronic disease within one year after discharge. The Board also found that the Veteran did not have diabetes during active duty.

The Veteran's claims for increased evaluations and service connection are addressed in the decision. The Board found that new and material evidence has been received to reopen several previously denied claims, but did not grant any of the individual claims due to lack of evidence supporting the claims or because they were otherwise not supported by the preponderance of the evidence.

The Board has determined that the Veteran's claim for TDIU was received on March 4, 2005. The effective date of this grant is set at March 4, 2004, based on the evidence showing his service-connected disabilities prevented him from obtaining and maintaining gainful employment as of January 9, 2003.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Veteran's claim for a higher initial rating for service-connected diabetes mellitus was denied as the disability did not meet the criteria for a higher rating based on the evidence of record.

The Veteran's cause of death is being reviewed due to his service-connected right peroneal neuropathy and the VA medical care he received. The RO will also consider whether he was entitled to benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for payment or reimbursement of unauthorized non-VA dental expenses incurred on October 27, 2004 due to lack of pre-authorization and failure to meet the requirements under VA regulations.

The Veteran's diabetes mellitus requires a restricted diet and insulin injections, but does not require regulation of activities. The claim for an increased rating is denied.

The Board has determined that the Veteran's hypertension is proximately due to and the result of his service-connected diabetes mellitus, granting him service connection for this condition.

The Board found no evidence that the Veteran's diabetes mellitus was incurred in or aggravated by service, including exposure to herbicides. As a result, the claim for service connection was denied.