Diabetes decisions — 2009

The Veteran withdrew his appeal for the issues of entitlement to an initial disability rating in excess of 40 percent as of October 28, 2008, for a low back disability with mechanical and segmental dysfunction, spondylolisthesis, sacroiliac joint dysfunction, and degenerative changes; entitlement to an initial disability rating in excess of 20 percent for tremors of the right hand associated with diabetes mellitus; entitlement to an initial disability rating in excess of 20 percent for tremors of the left hand associated with diabetes mellitus; entitlement to a disability rating in excess of 20 percent for diabetes mellitus with hypertension, nephropathy, and impotence; and entitlement to an initial rating in excess of 10 percent for right ankle strain (recurrent sprains) on the basis of CUE in a January 3, 2002, RO decision.

The appeal is remanded to the RO for scheduling a video conference hearing before the Board.

The Board denied service connection for hypertension, diabetes mellitus, a sinus disorder, arthritis of the knees, and glaucoma as they were not shown to have been caused by any incident of service. Additionally, it was determined that kidney failure was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.

The Veteran withdrew his appeal before the Board made a decision.

The Veteran's service connection for diabetes mellitus was granted due to presumed exposure to herbicides in Korea.

The Board found that there was no clear and unmistakable error in the October 1971 rating decision denying service connection for diabetes mellitus, nor in the November 2002 rating decision granting service connection based on herbicide exposure.

The appeal is remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for scheduling of a videoconference hearing before a Veterans Law Judge.

The Veteran's disabilities do not meet the criteria for special monthly pension based on a need for regular aid and attendance or due to housebound status.

The Board denied service connection for nonocclusive coronary artery disease, essential hypertension, and diabetic retinopathy as they were not related to the Veteran's active service or his service-connected diabetes mellitus.

The Board denied service connection for diabetes mellitus, a gastro-intestinal condition to include irritable bowel syndrome (IBS) and gastro-esophageal reflux disease (GERD), and a right eye condition manifested by floaters, flashes, and chronic pain.

The appeals for initial compensable ratings and effective dates were withdrawn, leaving the TDIU claim as the only issue. The Veteran was granted a 100% disability rating for PTSD on April 3, 2008, making the TDIU claim moot.

The Board denied compensation under 38 U.S.C.A. § 1151 for diabetes mellitus as it was determined that the veteran's diabetes had its onset prior to his use of Zyprexa, and thus was not caused by VA treatment.

The Board denied service connection for diabetes mellitus, finding that the evidence did not support a link between the Veteran's claimed exposure to ionizing radiation and his diabetes.

The appeal is remanded to the RO for additional development, including a VA examination.

The Board denied service connection for type II diabetes mellitus, finding that the Veteran was not exposed to herbicide agents during his period of active duty and that his diabetes began many years after service.

The Veteran's claims for increased ratings were denied, except for erectile dysfunction which was granted a 20 percent rating. Service connection for PTSD was also granted.

The veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy, have rendered him unemployable.

The Veteran's claim for service connection for PTSD was denied as there is no evidence of a current diagnosis. The effective date for the grant of service connection for diabetes mellitus, type II was upheld as June 21, 2006.

The Veteran's diabetes mellitus, hypertension, and coronary artery disease (to include congestive heart failure) were all granted service connection.

The appeal is remanded for further development to verify the Veteran's claimed exposure to herbicides, specifically Agent Orange.