Diabetes decisions — 2010

The Board has granted service connection for diabetes mellitus, type II, due to presumed exposure to herbicide agents during service in the Republic of Vietnam.

The Board has determined that the severance of service connection for Type II diabetes mellitus and associated conditions, as well as erectile dysfunction with special monthly compensation on account of loss of use of a creative organ, was improper.

The Board has found that the severance of service connection for Type II diabetes mellitus was improper and therefore grants restoration of this condition.

The Veteran's initial rating for diabetes mellitus Type 2 was denied, and his separate compensable ratings for diabetic retinopathy were also denied.

The Veteran's claim for an initial rating in excess of 10 percent prior to December 20, 2006, and in excess of 20 percent thereafter for diabetes mellitus was denied. The Veteran is currently rated at 20 percent for diabetes mellitus effective December 20, 2006.

The Board denied service connection for the claimed conditions, finding that they were not related to active service or a presumptive exposure basis.

The Veteran's diabetes mellitus, type II, was not incurred or aggravated during service and cannot be presumed due to herbicide exposure. The Board finds that the preponderance of evidence is against his claim.

The Veteran's claim for increased ratings for diabetes mellitus with background diabetic retinopathy was denied. The disability had been rated as 20 percent prior to August 25, 2009 and 60 percent thereafter.

The Board denied service connection for diabetes mellitus, tinnitus, and hearing loss of the right ear due to a lack of evidence linking these conditions to military service.

The Veteran's diabetes mellitus is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating as it does not require regulation of activities.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran has withdrawn his appeal for an increased disability rating for type II diabetes mellitus, currently evaluated as 20 percent disabling.

The Veteran's service-connected diabetes mellitus type II, diabetic nephropathy associated with diabetes mellitus type II, and diabetic retinopathy associated with diabetes mellitus type II are currently rated at 20 percent, 0 percent, and 10 percent respectively. The appeal is granted for the increased rating of diabetes mellitus type II.

The Board has determined that the veteran's service-connected conditions do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran does not have diabetic retinopathy and that any vision loss is due to refractive error, not his service-connected diabetes mellitus. Therefore, service connection for an eye disorder claimed as diabetic retinopathy is denied.

The Veteran's diabetes mellitus is rated at a 40 percent rating, the highest available under VA guidelines for this condition.

The Board denied service connection for hypertension and vision problems, both secondary to diabetes mellitus. Service connection was granted for PTSD but not for the other issues raised in the appeal.

The Veteran's death was not caused or contributed to by service-connected conditions. The Veteran did not meet the duration requirements for a total disability rating under 38 U.S.C.A. § 1318, and there is no evidence of CUE in any prior decision.

The Veteran's appeal is being remanded for further development and adjudication, including a VA examination to determine the nature and etiology of any current diabetes mellitus. The issue of service connection for a psychiatric disorder will also be developed and adjudicated as part of this process.

The Veteran was granted a 30 percent rating for proliferative diabetic retinopathy with cataract of the right eye as secondary to diabetes from March 14, 2003 to March 28, 2006.