Diabetes decisions — 2010

The Board has vacated the part of its February 2006 decision that denied service connection for diabetes mellitus, type II. The case is now remanded to the RO for further development and consideration.

The Board has granted service connection for a bilateral foot disorder and denied the remaining claims. The Veteran's bilateral foot disorder was incurred during active service.

The Veteran's type II diabetes mellitus is presumed to have been incurred in service due to exposure to an herbicide agent, and the claim for service connection is granted.

The Veteran's diabetes mellitus, type II, has been treated with a restricted diet and oral medication since February 8, 2007. The disability is currently rated at 20 percent disabling.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and diabetes mellitus type II were denied. The Board found that the Veteran did not have chronicity of symptoms in service or a continuity of symptomatology after discharge, and there was no evidence linking his current conditions to his active service.

The Veteran's PTSD is rated at 70 percent disabling effective February 13, 2008. His diabetes mellitus was also granted a 70 percent rating effective the same date.

The Veteran's claims for increased ratings for diabetes mellitus and coronary artery disease were denied by the RO. The Veteran was scheduled for a hearing but requested to be rescheduled due to being out of state, which has not been accommodated yet.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded for additional development, including new examinations and obtaining medical records.

The Board has determined that the Veteran's diabetes mellitus type II did not manifest during service or within one year of separation, and there is no evidence linking it to military service. As such, the claim for service connection is denied.

The Board has denied the Veteran's claim for service connection for diabetes mellitus type 2 as there is no evidence of herbicide exposure, in-service occurrence, or a link between service and the condition.

The Board has determined that the appellant's sleep apnea, diabetes mellitus, type 2, and hypertension are at least as likely as not caused by his service-connected headaches and lumbar spine disability. As such, these conditions have been granted service connection on a secondary basis.

The Veteran's diabetes mellitus was not incurred or aggravated by active service, and its incurrence or aggravation during active service may not be presumed. The Board denied the claim for service connection.

The Veteran is seeking an increased rating for his service-connected diabetes mellitus type II. The case has been remanded due to the need for a VA examination to assess the current severity of the condition.

The Veteran's claim for an increased rating for diabetes mellitus, type II was denied as the evidence did not show that his disability required insulin and a restricted diet with regulation of activities.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected diabetes mellitus type II.

The Veteran's fall at a VA facility in 1995 did not result from VA care, and his current left leg and hip disability are not service-connected. The Board also found that diabetes mellitus is not due to or aggravated by any service-connected condition.

The Board has determined that the Veteran's service connection claims for diabetes mellitus, atherosclerotic cerebrovascular disease, and a cardiac disorder are denied as there is no evidence of herbicide exposure during his active duty in Korea. The presumptive period does not apply to these conditions.

The Board has dismissed the appeals as the Veteran died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of the claims.

The Board found that the Veteran's diabetes mellitus, type II, was not incurred in or aggravated by his military service and denied his claim.