Diabetes decisions — 2011

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the need to verify his exposure to herbicide agents while stationed in Thailand.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for hypertension. The Veteran does not have a current neurological disability of the upper extremities, nor is there any competent medical evidence linking his hypertension to his service-connected diabetes mellitus or undifferentiated schizophrenia reaction.

The Board has determined that the Veteran's claims for service connection for diabetes mellitus, type II and arthritis have been withdrawn. The March 2006 rating decision denying service connection for bilateral sensorineural hearing loss is final. New evidence received since March 2006 raises a reasonable possibility of substantiating the claim for hearing loss.

The Veteran's service-connected disabilities, singly or in combination, do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and employment background.

The Veteran's diabetes mellitus type 2 is presumed to have been incurred during service due to exposure to herbicides. His pleural disease is related to asbestos exposure during service.

The Veteran's service-connected disabilities do not render him unemployable, as his combined disability rating is only 50 percent.

The Veteran's hypertension has been granted as secondary to his service-connected diabetes mellitus. However, the initial evaluation for hypertension remains denied due to lack of evidence showing a diastolic pressure of predominantly 100 mm or more, or a systolic pressure of predominantly 160 mm or more.

The Veteran's claim for service connection for PTSD was granted, linking the diagnosis to an in-service stressor involving fear of hostile military activity in Vietnam.

The Board denied the Veteran's claim for an effective date earlier than September 9, 2003 for the grant of service connection for diabetes mellitus with mild, non-proliferative diabetic retinopathy and cataract, associated with herbicide exposure.

The Veteran's appeal is being remanded for additional development, including issuance of a Supplemental Statement of the Case (SSOC) and an updated VA examination.

The Veteran's SMC was reduced from the housebound rate to the 'K' rate for loss of use of a creative organ. The Board has determined that additional development is necessary due to the reduction in his disability rating and need for an examination to determine if he needs regular aid and attendance.

The Veteran's claim for service connection for diabetes mellitus, type II is remanded due to insufficient evidence regarding his exposure to herbicides in Vietnam. The VA needs to verify the Veteran's claims of combat pay and physical presence in Vietnam.

The Veteran's unauthorized medical expenses incurred in non-VA facilities due to emergency treatment for his service-connected conditions were authorized, as the treatment was necessary and VA facilities were not feasibly available.

The Board denied the Veteran's claim for service connection for diabetes mellitus secondary to hypertension with arteriosclerosis, finding that the preponderance of evidence did not support a finding that his current diabetes mellitus is caused or aggravated by his service-connected hypertension with arteriosclerosis.

The Veteran's death was due to alcoholic cirrhosis and alcohol abuse, which is not service-connected. The Board found that the Veteran's PTSD did not cause or contribute substantially to his death.

The Board has determined that the Veteran's diabetes mellitus, type II, had its onset during his period of active service and grants service connection for this condition.

The Veteran's claims for higher ratings for diabetes mellitus, type 2 and related conditions were denied. The RO found that the current rating of 40 percent adequately reflects the severity of his service-connected disabilities.

The Veteran's claim for TDIU is being remanded due to the need for additional examination and development of records. The issues of service connection for sleep apnea and restless leg syndrome are also referred for adjudication.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from February 7-12, 2008 at the Palms of Pasadena Hospital in St. Petersburg, Florida is denied because he does not have any adjudicated service-connected disabilities and therefore cannot qualify under 38 U.S.C.A. § 1728.

The Board has determined that the Veteran did not suffer from any of his claimed conditions during service or for many years thereafter, and there is no credible evidence to support a finding of exposure to herbicides. Therefore, the criteria for service connection have not been met.