Diabetes decisions — 2010

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination to assess his employability given his service-connected disabilities.

The Veteran's unauthorized medical expenses incurred at the Dialysis Clinic, Incorporated in March, April and May of 2008 were not covered by VA because prior authorization was not obtained. The services provided were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Veteran's PTSD, migraine headaches, and DM are all found to be secondary to service-connected PTSD. The Veteran is granted increased ratings for these conditions.

The Veteran's diabetes mellitus, hypertension, heart disease, liver disability, and chronic renal insufficiency are not service connected. The claims for secondary service connection for these conditions also lack legal merit.

The Veteran's claim for service connection for diabetes mellitus, type II due to exposure to ionizing radiation will be remanded for additional development.

The Veteran's GERD and diabetes mellitus type I are service-connected, but his combined rating is only 40 percent. The Board granted a higher disability rating for GERD to 30 percent, but denied any increase in the rating for diabetes mellitus type I. TDIU was also denied.

The Veteran's claim for reimbursement of unauthorized private ambulance transportation on March 25, 2008 is being remanded due to insufficient information regarding enrollment in the VA health care system and coverage under a health plan contract.

The Board denied the claim of entitlement to service connection for diabetes mellitus type II, finding no direct evidence linking it to active service or herbicide exposure.

The Board has reopened the appellant's claim of service connection for the cause of her husband's death, finding that new and material evidence has been submitted. The Veteran is presumed to have served in Vietnam based on a lay statement from his unit mate, L.Q., who stated he served with him in Vietnam. However, there is no evidence showing herbicide exposure during service.

The Board has granted service connection for diabetes mellitus, type II due to herbicide exposure during active duty. The Veteran's peripheral neuropathy of the left and right lower extremities are also found to be related to his diabetes mellitus, type II.

The Veteran's appeals for increased ratings for lumbosacral strain and diabetes mellitus were denied by the Board. The Veteran did not meet the criteria for higher ratings under VA rating schedules.

The Veteran is seeking an effective date prior to December 19, 2000 for the grant of service connection for Type II diabetes mellitus. The case has been remanded due to a request for a new hearing.

The Board found that the Veteran's application for TDIU was not a new claim but rather a notice of disagreement, and thus did not warrant an earlier effective date. The evidence does not show unemployability due to service-connected disabilities prior to December 17, 2007.

The Veteran's claim for service connection for diabetes mellitus was granted effective May 18, 2007. The initial rating assigned is 20 percent.

The Board has remanded the case to the RO for additional development due to issues related to service connection for various conditions.

The Board found that the Veteran's claimed conditions of GERD, gout, and diabetes mellitus were not incurred or aggravated during his periods of active duty training or inactive duty training in the Army National Guard. As a result, service connection for these conditions was denied.

The Board has determined that the Veteran's current diagnosis of diabetes mellitus, type 2, is presumed to have been incurred in active military service due to exposure to herbicide agents, including Agent Orange. As such, the claim for service connection is granted.

The Veteran's claim for TDIU is remanded due to the need for a VA examination and opinion regarding his service-connected disabilities' impact on his employability.

The Veteran's service in the Republic of Vietnam is presumed, and he has been diagnosed with diabetes mellitus type II. The Board grants service connection for this condition on a presumptive basis due to herbicide exposure.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus, kidney disorder, and rheumatoid arthritis. The evidence did not establish that the Veteran was exposed to herbicides in Vietnam or that his conditions were related to active duty service.