Diabetes decisions — 2011

The Board found that there is no evidence to support a finding of herbicide exposure during service, and thus the Veteran's cause of death cannot be presumed to have been incurred in or as a result of active service. The Board also determined that the Veteran did not suffer from any conditions related to his military service at the time of his death.

The Board finds that prior authorization from VA for the Veteran's private medical treatment at Winter Park Hospital on November 3, 2003 was provided. Therefore, payment or reimbursement of the cost of this care is granted.

The Board has determined that the Veteran's case is remanded for additional development, including obtaining SSA records and VA treatment records. The Veteran will be scheduled for a VA examination to assess his employability due to service-connected disabilities. If deemed necessary, the case will then be referred to the Director of Compensation and Pension Service for extra-schedular consideration.

The Veteran's claim for payment of unauthorized medical expenses for services rendered at Northern Hospital of Surrey County on June 16, 2008 is denied as the evidence does not establish that the treatment was necessary due to an emergency condition.

The Veteran's claims for service connection for diabetic retinopathy (to include cataracts) and bilateral neuropathy of the upper extremities are being remanded due to insufficient evidence. The case will be returned to the RO via the AMC for additional development.

The Veteran's claims for service connection are being remanded due to the need to verify his exposure to herbicide agents in Thailand and/or the Philippines, which is required by VA regulations. The Veteran also needs to provide authorization for private treatment records related to his hypertension.

The Board has denied the Veteran's petitions to reopen his previously denied claims of service connection for prostatitis, burn scars of the left knee, arthritis of the left knee, and diabetes mellitus. The February 2007 rating decision found no new and material evidence to support these claims.

The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and he did not meet the requirement of being a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Veteran's death was caused by diabetes mellitus, which is service-connected. The effective date for DIC benefits is set at May 25, 2005.

The Veteran's appeals for service connection are being remanded due to his request for a hearing before a Veterans Law Judge at the RO.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, a back disability, and a right foot disability. The effective date of the temporary total evaluation based on surgical or other treatment necessitating convalescence is also denied.

The Board has remanded the case due to uncertainty regarding the Veteran's exposure to herbicides in Vietnam, and further development is required to determine if he was exposed.

The Board has determined that further development is needed to address the appellant's claims, including obtaining additional medical records and providing proper VCAA notice. The Veteran passed away due to complications from congestive heart failure, acute myocardial infarction, and atherosclerotic cardiovascular disease.

The Veteran's unauthorized medical expenses incurred at Methodist Hospital of Southern California from February 9, 2007 to February 17, 2007 are now covered by VA. The Veteran was stabilized for transfer to a VA facility but no beds were available until the date of his discharge.

The Board has decided to remand the case for additional development, including obtaining SSA disability benefits records and private treatment records.

The Veteran's claims for bilateral hearing loss, chronic tinnitus, a chronic skin disorder (claimed as eczema and/or chloracne), peripheral neuropathy, and Type II diabetes mellitus were all denied. The evidence did not show any in-service or post-service connection to these conditions.

The Veteran's claim for an initial evaluation in excess of 20 percent for diabetes mellitus was denied by the Board. The evidence showed that his diabetes required oral hypoglycemic agents and a restricted diet, but not insulin or hospitalizations.

The Board has determined that the Veteran's diabetes mellitus is presumed to have been incurred in service due to herbicide exposure on Johnston Island. The claim for degenerative joint disease of the left knee was not granted as there is no evidence linking it to service.

The Veteran's TDIU claim is being remanded for further development, including obtaining VA treatment records and a medical opinion regarding his employability due to service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for diabetes mellitus. However, the evidence does not relate to a disease or injury in service, thus the claim remains denied.