Diabetes decisions — 2011

The Veteran's service-connected diabetes mellitus requires insulin and a restricted diet but does not require regulation of activities, episodes of ketoacidosis or hypoglycemic reactions requiring hospitalizations, or twice a month visits to a diabetic care provider. Therefore, the criteria for an initial evaluation in excess of 20 percent have not been met.

The Veteran's bilateral hearing loss is presumed to have been incurred during service, and his cataracts associated with diabetes mellitus are included in the existing rating for that condition. The claim for increased ratings for hypertension, sleep apnea, lumbosacral disc disease, left knee ligament repair, and diabetes mellitus with diabetic cataracts is referred to the RO for further action.

The Veteran's unauthorized medical expenses incurred at a private hospital on October 7, 2008 are approved for reimbursement as the treatment was deemed necessary due to an emergency condition that would have been hazardous if delayed.

The Board denied reopening the claim for service connection for Type II diabetes mellitus and denied a rating in excess of 10 percent for hypertension.

The Board found that the Veteran's diabetes mellitus did not manifest during service and is not related to his military service. As a result, service connection for diabetes mellitus was denied.

The Board has granted the Veteran's claim for service connection for diabetes mellitus, finding that it is proximately due to his service-connected pancreatitis.

The Board found that the Veteran's death was not caused by VA treatment and was not proximately caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's unauthorized medical expenses incurred at Johnson City Medical Center on June 5, 2009 were approved as the treatment was for a condition of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Additionally, VA facilities were not feasibly available.

The Board has granted service connection for peripheral neuropathy as secondary to the Veteran's service-connected diabetes mellitus type II. The claim for hypertension is pending and will be addressed in a separate remand.

The Veteran has been granted service connection for type II diabetes mellitus due to presumed exposure to herbicide agents during active military service. However, his claims of service connection for arthritis of the knees and degenerative changes of the lumbar spine have been denied as there is no evidence of in-service injury or disease.,There is a lack of credible evidence demonstrating continuity of symptomatology for the Veteran's claimed knee disability.

The Veteran's service-connected diabetes mellitus is currently manifested by no more than the need for a restricted diet, and thus does not warrant an evaluation in excess of 10 percent.

The Board of Veterans' Appeals has determined that there is no current diagnosis of diabetes mellitus and thus the Veteran's claim for service connection for this condition cannot be granted.

The Board denied claims for earlier effective dates for service connection and compensation due to the Veteran's type II diabetes mellitus, prostate cancer, and erectile dysfunction. The effective date of January 12, 2009 was established based on presumptive exposure to herbicides.

The Veteran's type 2 diabetes mellitus and coronary artery disease are presumed to be the result of Agent Orange exposure during active service. The Board has granted service connection for these conditions.

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the need for a videoconference hearing.

The Veteran's appeal is being remanded for additional development to address service connection and TDIU claims, including clarification of the Veteran's claim for a back disorder.

The Veteran has withdrawn his appeals for the issues of service connection for diabetes mellitus type II, hyperthyroidism, a respiratory disability, and kidney dysfunction.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records, scheduling the Veteran for VA examinations to assess his diabetes mellitus and coronary artery disease, and readjudicating the claims.

The Board denied the Veteran's claims for increased ratings for diabetes mellitus and service connection for plantar fascia and a right knee disorder, finding that his conditions did not warrant higher ratings based on the evidence of record.

The Board denied the Veteran's claims for initial compensable ratings for bilateral hearing loss and diabetic retinopathy, finding that his service-connected conditions did not warrant such a rating based on the evidence of record.