Diabetes decisions — 2011

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability evaluation based on individual unemployability due to service-connected disabilities on an extraschedular basis.

The Veteran's diabetes mellitus with diabetic retinopathy is currently rated at 20 percent, the maximum schedular rating available. The evidence does not show that the disability warrants a higher rating.

The Board has determined that the Veteran does not have a service-connected condition for leukopenia, colon polyp, diabetes, hypertension, or chronic kidney disease.

The Board found that the Veteran's diabetes mellitus was not incurred in or aggravated by service and cannot be presumed to have been incurred or aggravated in service.

The Veteran's appeal includes claims for service connection for various conditions, including a bilateral leg disorder, hypertension, PTSD, vertigo, dyskinesia, paresthesia, diabetes mellitus, chronic pain (including as due to Agent Orange exposure), and spinocerebellar dysfunction. The case is being remanded for additional development.

The Veteran's appeal is being remanded for additional examinations to assess the current severity of his service-connected PTSD, diabetes mellitus with cataracts and peripheral neuropathy of the lower extremities. The RO will also obtain recent medical records.

The Board denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his obesity and related conditions were caused by VA care, and denied reopening of his service connection claim for degenerative arthritis as no new and material evidence was received. The foot disability claim was also denied.

The Veteran's bilateral hearing loss and tinnitus are found to be related to his military service. The Board is remanding the claims for a back injury, prostate disability, diabetes mellitus, and hypertension due to incomplete records.

The Veteran's appeal is being remanded to schedule a hearing at his local VA office. The issues include service connection for various conditions and evaluations for disabilities.

The Veteran's diabetes mellitus is rated at 20 percent, and his residuals of a fracture of the cervical spine with traumatic arthritis, disc herniation at C6-7 are rated at 20 percent for orthopedic manifestations and separately at 20 percent each for mild incomplete paralysis of the right upper extremity and left (dominant) upper extremity. The Veteran's TDIU claim is granted.

The Board has determined that the Veteran did not serve in Vietnam and thus no presumption of exposure to herbicides applies. The claims for service connection for Type II diabetes mellitus, hypertension, peripheral neuropathy, coronary artery disease, and cerebral vascular disease have been denied as there is no evidence linking these conditions to his military service.

The Veteran's peripheral vascular disease is granted as secondary to his service-connected diabetes mellitus, type II. The issues of increased rating for diabetes mellitus and whether new and material evidence has been received for residuals of colon cancer are remanded.

The Board has determined that the Veteran's diabetes mellitus, back disorder, and bilateral hearing loss are related to service. The claims for these conditions have been granted.

The Board has granted the Veteran's claim for an effective date earlier than April 8, 2005, for the grant of service connection for Type II diabetes mellitus. The appeal is based on a direct service connection without any claims related to exposure or presumptions.

The Board found no evidence of a direct relationship between the Veteran's service-connected bilateral pes planus and his current diabetes mellitus, and denied the claim.

The Board has reopened the Veteran's claim for service connection for Type 1 diabetes mellitus due to new and material evidence. However, further development is needed as the issue of whether his diabetes was aggravated in service or related to service remains unclear.

The Veteran's appeal is being remanded due to the addition of new evidence and the need for further consideration of his claims, including a TDIU issue.

The Veteran's claim for service connection for diabetes mellitus, type II was granted effective March 14, 2006. The disease is presumed to be related to his in-service exposure to herbicide agents.

The Veteran's appeal has been withdrawn, and the case will be dismissed as there are no allegations of errors of fact or law for appellate consideration.

The Board has granted service connection for coronary artery disease, finding that the current condition is at least as likely as not related to service. Service connection was denied for diabetes mellitus type II.