Diabetes decisions — 2009

The Veteran's claim for service connection for hypertension, to include as secondary to his service-connected diabetes mellitus type II, is being remanded due to the need for additional examination and review of medical records.

The Veteran's service-connected disabilities, including his mental health condition and multiple physical impairments, render him unable to obtain and maintain substantially gainful employment.

The veteran's lung cancer and brain cancer were not incurred or aggravated by service. Peptic ulcer disorder, diabetes mellitus, arthritis, and Buerger's disease are not shown to have caused or contributed to the veteran's death.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, diabetes mellitus, peripheral neuropathy of the upper and lower extremities, hypertension, and erectile dysfunction, have been denied as there is no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's death was not caused by a service-connected disability, as the cause of death listed on his death certificate (sepsis) did not result from any service-connected condition. The Board finds that the criteria for DIC under 38 U.S.C.A. § 1318 have not been met.

The Veteran's claims for service connection for diabetes mellitus, type II and prostate cancer were denied as there was no evidence of in-service exposure to herbicides or a nexus between the conditions and active duty.

The Board has determined that the appellant's diabetes mellitus, which is currently rated at 20 percent disabling, does not warrant a higher evaluation as it does not require regulation of activities.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected diabetes mellitus and whether his hypertension and erectile dysfunction are related to this condition. The Veteran's claim for service connection for hypertension is also being remanded.

The Board has determined that the Veteran's service records need to be reviewed to confirm if he served in Vietnam, which is a critical element for presumptive service connection. The case will be remanded for this purpose.

The Board has ordered additional development of the Veteran's claims, including obtaining records from Walter Reed Hospital and the Houston VAMC prior to 2002. The case will be remanded for further consideration based on the new evidence.

The Veteran's claims for higher ratings for diabetes mellitus and peripheral neuropathy of the upper and lower extremities have been denied. The service-connected diabetic nephropathy (claimed as kidney failure) has not resulted in a grant of service connection.

The Veteran's diabetes mellitus, type II was rated at 20% from November 8, 2004 to October 29, 2006 and increased to 40% on and after October 30, 2006. The claim for a higher rating is denied.

The Board denied a rating in excess of 20 percent for diabetes mellitus, type II and the request for separate ratings for nephropathy with hypertension associated with diabetes mellitus, type II. The Veteran's service-connected disabilities were rated at 20 percent for diabetes mellitus and 30 percent for nephropathy with hypertension associated with diabetes mellitus, type II. The Board also denied entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's diabetes mellitus has not necessitated regulation of his activities and has not resulted in episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year. Therefore, the criteria for a rating in excess of 20 percent have not been met.

The Board denied the Veteran's claims for earlier effective dates for service connection of diabetes mellitus and PTSD, finding that no informal or formal claim was received prior to the specified dates.

The Veteran's claims for higher ratings for diabetes mellitus, lumbar spine conditions, and knee conditions were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has dismissed the appeal for hypertension due to withdrawal. Service connection is denied for bilateral hearing loss and tinnitus as they are not related to service or noise exposure.

The Veteran's service-connected conditions do not render him in need of the regular aid and attendance of another person. The decision is based on his significant nonservice-connected disabilities, including blindness.

The Board denied service connection for diabetes mellitus and eye disability, finding insufficient evidence to support the claims.

The Veteran's claim for service connection for diabetes mellitus, including as due to exposure to herbicides, is being remanded for additional development of his service records and personnel files.