Diabetes decisions — 2010

The Veteran's service-connected diabetes mellitus is rated at 20 percent, effective January 27, 2005. The post-operative residuals of prostate cancer are rated at 10 percent prior to August 26, 2005 and 20 percent thereafter. Erectile dysfunction does not meet the criteria for a compensable evaluation.

The Veteran's diabetes mellitus, which required insulin and a restricted diet, was upgraded to a 40 percent rating as of October 8, 2009. The decision also noted that the Veteran had no episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.

The Board has determined that the Veteran's edema of the feet and ankles is service-connected as secondary to his service-connected diabetes mellitus, type II.

The Board has granted service connection for PTSD and assigned a 20 percent evaluation for diabetes mellitus type II, finding that the Veteran's symptoms are consistent with his military service experiences.

The Veteran's diabetes was not shown to have been present in service or within one year after service. The Board found that the Veteran did not meet the criteria for service connection as his claim lacked sufficient evidence.

The Veteran's appeal was denied as his claim for a disability rating in excess of 10 percent for residuals of diabetic ulcers of bilateral lower extremities is not supported by the evidence presented.

The Veteran's claims for service connection for obesity, diabetes mellitus type II, peripheral neuropathy of the extremities, hypertension, and sleep apnea have all been denied as these conditions are not related to his military service or a service-connected disability.

The Board has remanded the claims due to incomplete development and need for additional evidence, including personnel records and medical opinions.

The Veteran's claim for service connection for osteomyelitis of the right ring finger was denied as new and material evidence had not been presented. His claim for diabetes mellitus, claimed as due to herbicide exposure, remains pending.

The Board has granted service connection for Type II diabetes mellitus, finding that the Veteran's exposure to Agent Orange during his military service is sufficient evidence to grant this claim. The respiratory and kidney disability claims are remanded due to insufficient information regarding their relationship to service.

The Board denied service connection for the claimed conditions, finding no evidence of their onset or association with service.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling examinations to determine the current level of service-connected bilateral hearing loss, as well as diagnoses and etiologies for any claimed conditions. The appellant is advised that failure to cooperate with these examinations may result in an adverse determination.

The Board denied the appellant's application to reopen her claim for service connection for the cause of the Veteran's death and also denied her DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's death was due to atherosclerotic disease, and the appellant is not eligible for additional DIC benefits under 38 U.S.C.A. § 1311(a)(2) because her marriage to the Veteran did not meet the legal requirements.

The Board found that the Veteran's type II diabetes mellitus did not manifest in service or be related to his military service, and thus denied his claim for service connection.

The Veteran's service-connected diabetes mellitus is shown to be productive of a disability picture that more nearly approximates the criteria for the assignment of a 40 percent rating. The RO has been directed to schedule the Veteran for a VA examination and update his claims file with any recent medical records relevant to his claim.

The Veteran's diabetes mellitus, type 2 is being remanded for further development due to the need to substantiate exposure and service connection. The claims for increased ratings of migraine headaches and right knee disability are also being remanded.

The Veteran's service-connected eye conditions do not meet the criteria for special monthly compensation based on loss of use or blindness in one or both eyes.

The Veteran's type II diabetes mellitus was not incurred or aggravated by his military service, including exposure to Agent Orange. The Board denied the claim as there is no evidence of any treatment for diabetes in service and it has not been shown to be related to service.

The Veteran's appeal is being remanded for further development, including obtaining verification of his claimed inservice herbicide and asbestos exposure, scheduling VA examinations to determine the nature and etiology of his chronic diabetes mellitus and lung disorder, and readjudicating his claims.