Diabetes decisions — 2010

The Veteran's appeal was denied as his diabetes mellitus, onychomycosis, and nephropathy did not meet the criteria for a higher rating. His right and left knee disabilities were also found to be rated appropriately.

The Board found that the Veteran's cause of death, small bowel obstruction, colon cancer with metastasis to the liver and lymph nodes, prostate cancer with metastasis bone, and diabetes type II, were not caused or contributed substantially or materially by his service-connected conditions. The VA examiner opined that the duodenal ulcer was unrelated to the cause of death.

The Veteran's claims for service connection for a dental condition and hypertension, both claimed as secondary to diabetes mellitus, were denied. The claim for higher rating of diabetes mellitus was also denied.

The Board is remanding the case to address issues related to service connection for the cause of the Veteran's death, including whether his service-connected diabetes mellitus contributed to his death. The appellant must provide additional records and complete VCAA notice requirements.

The Board has determined that the Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent, as it does not require regulation (avoidance) of activities for control.

The Veteran's claims for service connection and compensation benefits under 38 U.S.C.A. § 1151 were denied. The Board found that the diabetes mellitus was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault during his 1996 VA hospitalization. Cardiomegaly and a back disorder are not service-connected. The Veteran's esophagitis is not manifested by ulceration of the lower esophagus, no dilations have been required, and it does not meet criteria for a separate compensable rating. GERD with IBS does not warrant an initial rating in excess of 30 percent.

The Board denied the Veteran's claims for service connection for lung cancer, prostate cancer, diabetes mellitus, and gastroesophageal reflux disease due to exposure to Agent Orange. The evidence did not establish in-country service in Vietnam or credible evidence of such service.

The Board found no evidence of diabetes mellitus or non-Hodgkin's lymphoma in service, and there is no credible evidence of herbicide exposure. Therefore, the claims for service connection were denied.

The Veteran's death was caused by sepsis and multi-system failure. The cause of diabetes mellitus is unclear, but the VA will seek a medical opinion to determine if it contributed to his death. Further development is needed for all other issues.

The Board denied the Veteran's request to reopen his claim for service connection of diabetes mellitus and also denied his increased rating claim for defective hearing in the left ear.

The Veteran's claim for TDIU is being remanded due to the need for an examination and additional records.

The Veteran's appeal involves multiple conditions and exposures, with the majority of issues seeking service connection for various health problems. The Board has determined that a hearing is needed to address these claims.

The Board has determined that a medical opinion is needed regarding the Veteran's occupational limitations due to service-connected disabilities, and the case is being remanded for this purpose.

The Board has determined that there is insufficient evidence to support the Veteran's claim for service connection for diabetes mellitus, type II, due to herbicide exposure. The case is being remanded for further development.

The Veteran claims service connection for diabetes mellitus as secondary to exposure to herbicides and/or pesticides during his military service. The Board has ordered additional development, including inquiries to the Joint Services Records Research Center (JSRRC) and the Armed Forces Pest Management Board (AFPMB), to determine if the Veteran was exposed to 'herbicide agents' in-service. A VA examination is also required to assess the relationship between any diagnosed diabetes and such exposure.

The Veteran's TDIU was granted effective August 18, 2009, as he met the schedular criteria for TDIU due to his service-connected disabilities.

The Board has determined that the Veteran's diabetes mellitus and hypertension were not incurred or aggravated by active service, and his right shoulder disability is not related to service. Therefore, these claims are denied.

The Veteran's Type II diabetes mellitus, which was recognized as a condition associated with exposure to herbicide agents in service, is considered a significant contributory cause of his death. The Board finds that the Veteran had active service in Vietnam during the Vietnam Era and thus is presumed to have been exposed to herbicide agents. As such, he is entitled to presumptive service connection for Type II diabetes mellitus.

The Board denied the appellant's claim for service connection for diabetes mellitus for purposes of accrued benefits, finding that there was no pending claim at the time of the Veteran's death and that she did not file a timely claim within one year after his death.

The Board has ordered a supplemental opinion from the June 2002 VA examiner regarding whether the Veteran's diabetes mellitus, Type II is related to in-service herbicide exposure. The case is remanded for this purpose.