Diabetes decisions — 2010

The Board has remanded the case for further proceedings consistent with a March 2010 decision of the United States Court of Appeals for Veterans Claims, which found that VA's decision on the accrued benefits claim did not comply with regulations and required issuance of a rating decision. The issue of service connection for heart disease, lung disorder, and diabetes mellitus for accrued benefits purposes is being remanded as well due to its inextricability from the issue of service connection for the cause of the Veteran's death.

The Board denied reopening the claim for service connection for the cause of death due to lack of new and material evidence, as the provided evidence was either cumulative or did not raise a reasonable possibility of substantiating the claim.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no evidence of a direct link to his military service. The Board found that the effective date cannot be earlier than September 8, 1998.

The Board has determined that the Veteran does not have a current disability of diabetic nephropathy and therefore, service connection for this condition is denied.

The Veteran's TDIU claim was denied as he did not meet the schedular requirements for a TDIU prior to February 13, 2008 due to his service-connected disabilities. The effective date of the award is set at February 13, 2008.

The Board found that the RO's May 1, 2003 rating decision did not commit clear and unmistakable error in failing to adjudicate a claim for special monthly compensation under 38 U.S.C. § 1114(s)(1) by reason of being housebound. The Veteran did not meet the schedular criteria for this benefit based on his disability evaluations.

The Veteran's claims for diabetes mellitus, type II and residuals of a right foot injury are being remanded due to the need for additional medical examination and treatment records.

The Veteran's PTSD with major depression and eating disorder meets the percentage requirements for a schedular award of a TDIU prior to June 8, 2006. However, since June 8, 2006, this disability has presented her from obtaining and retaining substantially gainful employment.

The Board denied the Veteran's claims of entitlement to service connection for hepatitis B and hepatitis C, finding that there was no evidence linking these conditions to his active service or any other relevant exposure. The Board also found that diabetes mellitus did not cause or aggravate the Veteran's hepatitis.

The Veteran's claim for service connection for type II diabetes mellitus, claimed as due to herbicide exposure (Agent Orange), is denied. The Board found no evidence of Agent Orange exposure in Korea or at Fort Hood and the preponderance of the evidence does not support a finding that he has diabetes mellitus related to his military service.

The Veteran's claims for service connection for diabetes mellitus, a psychiatric disorder (including PTSD), and peripheral vascular disease were denied as there is no evidence of in-service injury or illness that could be linked to these conditions.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy as secondary to diabetes mellitus, and an initial compensable evaluation for hepatitis C are being remanded due to the need for additional medical opinions and examinations.

The Board found that the Veteran's diabetes mellitus is not related to his military service, including exposure to herbicides. Therefore, service connection for diabetes mellitus was denied.

The Board has determined that the Veteran's diabetes mellitus was not incurred or aggravated by active service and denied his claim for service connection.

The Veteran's claim for specially adapted housing or a special home adaptation grant is granted due to his service-connected disabilities, including diabetic peripheral neuropathy of the left lower extremity which precludes locomotion without assistive devices.

The Veteran's appeal for service connection and increased ratings was denied. The Board found no current left ear hearing loss disability under VA regulations, thus denying the claim.

The Veteran's service-connected disabilities have been shown to render him unemployable, and the Board grants his claim for TDIU.

The Board has determined that the Veteran's claimed conditions, including venous disorder and diabetes mellitus, are not related to military service or a service-connected disability. The appeal is denied.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus and peripheral neuropathy of the lower extremities. The appeal was not about service connection at all due to lack of evidence.

The Veteran's diabetes mellitus, type II is currently rated at 20 percent disabling. His diabetic retinopathy is rated as noncompensable but considered part of the diabetic process. The Veteran's service-connected conditions do not meet criteria for a higher rating under any applicable diagnostic codes.