Diabetes decisions — 2010

The Board found that the Veteran's death was not caused by, or substantially or materially contributed to by, any injury or disease incurred in or aggravated by active military service. The causes of his death were deemed contributory but not service-connected.

The Veteran's death was determined to be caused by his service-connected disabilities, specifically depression resulting from his diabetes and other conditions. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the cause of death claim has been granted.

The Veteran's multiple service-connected disabilities, including PTSD and right foot conditions, prevent him from securing or maintaining substantially gainful employment. The Board finds that he meets the criteria for a TDIU.

The Veteran's initial claims for increased ratings for diabetes mellitus, type II were denied prior to April 9, 2008. From April 9, 2008, forward, the Veteran was granted a 20% rating.,From May 23, 2008, the Veteran's claim for an increased rating for diabetes mellitus, type II was denied.,The Veteran's claims for service connection for cancer of the lumbosacral spine and arthritis of multiple joints were both denied. The loss of bilateral great toenails was also not found to be related to service.,Service connection for cancer of the lumbosacral spine was denied as it is not due to or aggravated by his service-connected prostate cancer. Service connection for arthritis of multiple joints was denied as there is no evidence that it was incurred in service.,The Veteran's loss of bilateral great toenails was also denied, with no indication that it was related to service.

The Board denied the Veteran's claim for service connection for diabetes mellitus, finding no evidence of exposure to herbicides or a nexus between his current condition and his military service.

The Veteran's prostate cancer was not diagnosed until after service, and there is no evidence of a nexus to service. The presumption of herbicide exposure does not apply.,The RO denied diabetes mellitus in October 1986, but new evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim. The Veteran's diabetes was not diagnosed until after service and there is no evidence of a nexus to service or herbicide exposure.,The RO denied hypertension with chest pain in October 1986, but new evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim. The Veteran's hypertension was not diagnosed until after service and there is no evidence of a nexus to service or herbicide exposure.

The Board found that the Veteran did not meet the criteria for reimbursement of unauthorized, non-VA medical expenses incurred on November 1-2, 2005 at a private hospital due to lack of emergency circumstances and failure to obtain prior authorization.

The Board has determined that the Veteran's service records are unavailable and additional development is needed to determine if he had any in-service disabilities or symptoms. The claims will be remanded for further action.

The Board has remanded the Veteran's claims for service connection due to missing STRs and need for further development, including medical examinations.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, did not render him unemployable prior to November 29, 2007.

The Board has determined that new and material evidence was not received to reopen the claims of service connection for diabetes mellitus and bilateral hearing loss disability.

The Veteran's claims for service connection for diabetes mellitus and nosebleeds were denied. The Board found that the Veteran did not have a current disability of nosebleeds, and there was no credible evidence linking his current nosebleeds to service-connected migraines. For diabetes mellitus, the Board noted that the Veteran served in the National Guard but not in Vietnam, and thus could not be presumed exposed to herbicides under VA regulations. The Board also found insufficient evidence to establish a nexus between the Veteran's current diabetes mellitus and his military service.

The Board denied service connection for diabetes mellitus, right knee disability, and left knee disability due to lack of evidence showing a causal relationship between the conditions and active military service.

The Veteran's claim for service connection for hypertension, which is secondary to his service-connected type II diabetes mellitus, has been remanded due to the need for further development and review of all pertinent records.

The Veteran's claim for a higher rating for his service-connected diabetes mellitus is being remanded to allow for additional development, including obtaining records related to his Social Security Administration disability benefits and scheduling the Veteran for an examination to assess the severity of his diabetes.

The Veteran's claims for service connection were denied as there was no credible evidence of exposure to herbicides or asbestos in service, and the current presence of diabetes mellitus, peripheral neuropathy, bilateral eye disability, bilateral lung condition, bilateral hearing loss, tinnitus, skeletal arthritis, arthritis of the right hand, left shoulder, and left elbow, peptic ulcer disease, and headaches were not established.

The Veteran's diabetes mellitus type II with cataracts has not required insulin and is currently rated at 20 percent, the maximum schedular rating available.

The Veteran's claim for service connection for hepatitis C has been reopened and granted. The Board finds that the Veteran had hepatitis during his military service, which is currently diagnosed as hepatitis C. Service connection for hepatitis C is therefore granted.

The Board has determined that the Veteran's left shoulder disorder, which includes frozen shoulder syndrome, is related to his service-connected diabetes mellitus and thus grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected diabetes mellitus, Type II is being remanded to the RO for further development and consideration.