Diabetes decisions — 2010

The Board has denied the reopening of the claim for service connection for hypertension due to lack of new and material evidence. The claim for service connection for type II diabetes mellitus as a result of exposure to Agent Orange was previously denied on the basis that there is no evidence of such exposure, but the Veteran submitted additional evidence since January 2004 which does not raise a reasonable possibility of substantiating the claim.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and referring the case to the Chief Benefits Director of VA's Compensation and Pension Service for extraschedular consideration.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including a new examination to assess his employability.

The Veteran is entitled to housebound benefits due to his nonservice-connected disabilities, which combine for a rating of 70 percent. He also meets the age requirement (over 65 years old) and has served during a period of war (Korean Conflict).

The Veteran's claims for service connection for a psychiatric disability, diabetes mellitus, and low back disability were denied. The appeal is not about service connection at all due to the 'unknown' status of the appeal.

The Veteran's diabetes mellitus was not incurred in service and is denied. His hernia condition, which he underwent surgery for in May 2004, has been resolved and granted.

The Board denied service connection for residuals of heat exhaustion and diabetes mellitus, finding no current residuals of heat exhaustion and rejecting the presumption of herbicide exposure. The Veteran's ship was in Vietnamese waters but not on land, which is insufficient to qualify for presumptive service connection.

The Veteran's claims for service connection for PTSD, increased rating for hearing loss, and initial disability ratings for diabetes mellitus were denied. The Board found that the Veteran did not have a valid PTSD diagnosis in conformity with DSM-IV criteria.

The Board has granted service connection for left ear hearing loss and diabetes mellitus, but denied sleep apnea. The Veteran's hypertension is not yet established as a service-connected disability.

The Veteran's claim for an initial rating in excess of 20 percent for diabetes mellitus, type II is being remanded due to the need for a current VA examination.

The Veteran's claim for an earlier effective date for the grant of service connection for type II diabetes mellitus is dismissed because the June 2003 rating decision, which granted service connection with a January 25, 2001 effective date, became final.

The Veteran's appeal of the increased ratings for diabetes mellitus and diabetic retinopathy is dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claims for service connection for diabetes mellitus, multiple myeloma, peripheral neuropathy of bilateral upper and lower extremities, hypertension, gout, and residuals of kidney infection due to lack of evidence linking these conditions to his military service. The Board found that there was no confirmed exposure to Agent Orange during his service in Thailand.

The Board has remanded the case due to lack of service personnel records and clarification on hearing preferences. The claim for service connection for diabetes mellitus, type II, as secondary to herbicide exposure in Vietnam is pending.

The Board has determined that the Veteran served in Vietnam and is presumed to have been exposed to herbicides. Given this, diabetes mellitus type II is granted as service-connected.

The Veteran received emergency medical care for a gastrointestinal bleed and other complications at Legacy Salmon Creek Hospital from January 4, 2006 to January 6, 2006. The condition was of such severity that delay in seeking treatment would have been hazardous to his life or health. No VA facility was feasibly available during this period.

The Board has remanded the case for further action due to a need to determine if the Veteran was exposed to ionizing radiation in service, which could affect his claims.

The Veteran's type II diabetes mellitus was not incurred or aggravated during active military service and is not presumed to have been incurred due to herbicide exposure. The Board finds that the preponderance of evidence is against this claim.

The Veteran's service-connected disabilities (PTSD, diabetes, and erectile dysfunction) render him unable to obtain and maintain gainful employment consistent with his education and occupational experience.

The Veteran's diabetes mellitus requires insulin and a restricted diet but with no regulation of activities. The criteria for a higher rating are not met.