Diabetes decisions — 2011

The Board has determined that the Veteran's claim for service connection for a psychiatric disorder is granted, but his claim for new and material evidence to reopen his diabetes mellitus claim remains denied.

The Board has determined that the Veteran did not serve in Vietnam or any of the specified units in South Korea exposed to herbicides, including Agent Orange. Therefore, he is not presumed to have been exposed to such agents during service. There is no evidence of actual exposure either. As a result, service connection for diabetes mellitus, type II and its secondary conditions cannot be established.

The Board denied the Veteran's claim for service connection of an eye disability, finding that his vision problems are not related to diabetes mellitus.

The Board has determined that the Veteran's diabetes mellitus does not warrant a disability rating in excess of 20 percent, as his condition is characterized by insulin dependence and restricted diet but no restriction on activities. The claims for increased ratings for skin ulcerations and lymphedema have been withdrawn.

The Board denied the veteran's claims for increased ratings and TDIU due to diabetes mellitus, diabetic nephropathy, and associated complications. The current rating of 40 percent for diabetes mellitus is maintained.

The Veteran's bilateral diabetic retinopathy, status post laser treatment, resulted in concentric contraction of the visual field with remaining fields ranging from 33 to 35 degrees in the left eye and 32 to 31 degrees in the right eye. The RO granted a higher 30 percent rating effective December 10, 2008.

The Board has ordered a new VA examination to determine the nature and etiology of any currently diagnosed right foot disability, including metatarsalgia, corns, and diabetic ulcers. Additionally, all relevant treatment records from November 2004 to December 2006 and January 2007 forward must be obtained.

The Board has determined that the Veteran's diabetes mellitus, type II, had its onset during active service and is therefore granted service connection.

The Board has ordered additional development to obtain the Veteran's private treatment records and a VA medical opinion regarding the potential relationship between his diabetes mellitus, renal failure, and esophageal cancer. The case is being remanded for these actions.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain substantially gainful employment.

The Veteran's claim for an earlier effective date and increased rating for diabetic retinopathy was granted, with a 10% disability rating assigned as of November 14, 2002, and a 30% disability rating assigned as of October 7, 2002.

The Veteran's diabetes mellitus is rated at 40% and his hypertension is rated at 10%. The evidence does not support higher ratings for either condition.

The Veteran's request for an extension of his delimiting date beyond September 1, 2006, for education benefits under the Montgomery GI Bill was denied as he did not have a physical or mental disability that prevented him from initiating and pursuing an educational program during the applicable period.

The Veteran's tinnitus was not incurred in or aggravated by active service. The Board found that the preponderance of evidence is against his claim for service connection for tinnitus.

The Veteran's diabetes insipidus and urinary frequency were granted with specific ratings, with the diabetes insipidus receiving a 60% rating.

The Veteran's service-connected disabilities are not of such severity as to render him unable to obtain or maintain substantially gainful employment.

The Veteran's service connection claims for diabetes mellitus, hypertension, coronary artery disease, and headaches are all denied as there is no evidence of a nexus to his active service.,There is no documentation that the Veteran was in Vietnam during his active service. The Board finds that he did not have any exposure to herbicide agents while serving in Korea.,The Veteran does not have diabetes mellitus, hypertension, coronary artery disease, or headaches that are related to his active service.

The Board has vacated the October 8, 2010 decision denying compensation under 38 U.S.C. § 1151 for additional disability claimed to be due to VA medical treatment because the evidence was not considered at the time of the decision.

The Veteran claims his current eye disorder is related to his service-connected diabetes. The case is being remanded for further examination and development of records.

The VA determined that the appellant's diabetes mellitus does not warrant a rating higher than 20 percent, as he is able to regulate his activities and perform daily chores without restriction.