Diabetes decisions — 2011

The Veteran's appeal is being remanded due to his request for a hearing before a Veterans Law Judge (VLJ). The issues of entitlement to initial compensable and excess ratings for service-connected erectile dysfunction, diabetes mellitus, and diabetic nephropathy are still pending.

The Board has determined that the Veteran had service in Vietnam as defined by VA regulations, and therefore is presumed to have been exposed to herbicides. As a result, diabetes mellitus, type II, is granted as incurred in service.

The Board has determined that the Veteran's cause of death, metastatic squamous cell carcinoma, was presumed to have been incurred due to herbicide exposure during his service in Vietnam. The diabetes mellitus type II and end stage renal disease resulting from this exposure were also considered presumptively service-connected.

The Veteran's claim for an earlier effective date for service connection of diabetes mellitus was denied as the earliest date of claim is July 5, 2007.

The Veteran's claim for service connection for diabetes mellitus was denied, and his attempt to reopen a claim for peripheral neuropathy was also denied. The Board finds that the claim must be remanded to consider whether new and material evidence has been presented to reopen the claim for peripheral neuropathy.

The Board has granted service connection for hypertension, finding that the Veteran's elevated blood pressure during service constituted early manifestation of his current condition. Service connection for type II diabetes mellitus was denied as there is no evidence showing its onset in service or within one year post-service.

The Veteran's claim for an initial evaluation in excess of 20 percent for diabetes on a schedular basis was denied. The Board found that the available schedular evaluations adequately compensated his service-connected diabetes. The issue of entitlement to TDIU is remanded as it is inextricably intertwined with the diabetes rating claim.

The Board found that the Veteran's hypertension was not incurred in or aggravated by service, nor may it be presumed to have been incurred due to his diabetes mellitus. The claim for secondary service connection was denied.

The Veteran is granted a 70 percent rating for PTSD effective September 1, 2004. He is also granted TDIU effective September 1, 2004 based on the combined effect of his service-connected disabilities.

The Veteran seeks service connection for diabetes mellitus, coronary artery disease, and hypertension. The case is being remanded to obtain additional information regarding the Veteran's alleged exposure to herbicides during his service aboard the USS Bexar in Vietnam.

The Board denied the Veteran's claims for service connection for hypertension and a disability rating in excess of 20 percent for diabetes mellitus, finding that his diabetes mellitus did not require regulation of activities.

The Board has granted a separate evaluation for right and left lower extremity diabetic peripheral neuropathy as secondary to the service-connected diabetes mellitus disability.

The Board has remanded the case for additional development, including obtaining medical records and clarifying opinions regarding the appellant's knee disorders and diabetes mellitus.

The Veteran's appeal is remanded due to the failure to appear for a VA examination and unclear notification of the examination schedule. The case will be further reviewed after obtaining relevant medical records and scheduling another examination.

The Veteran's claim for service connection for diabetes mellitus, hiatal hernia, and increased rating for duodenal ulcer with gastroesophageal reflux disease (GERD) was denied. The Veteran's diabetes mellitus is not related to his military service or a service-connected disability. His hiatal hernia has not been diagnosed during the pendency of the claim. The Veteran's duodenal ulcer with GERD warrants a 20% rating.,The Veteran's duodenal ulcer with gastroesophageal reflux disease (GERD) is currently rated at 20%, reflecting moderate symptoms requiring daily use of Prevacid.

The Board has remanded the claim for additional development to determine if the appellant's service-connected disabilities rendered him unemployable prior to October 31, 2007.

The Board denied an increased rating for diabetes mellitus with erectile dysfunction and retinopathy, finding that the evidence did not meet the criteria for a higher evaluation under the applicable VA rating schedule.

The Board denied the Veteran's claims for service connection for diabetes mellitus type I, peripheral neuropathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, and onychomycosis of the feet and hands as secondary to his service-connected diabetes mellitus type I.

The Veteran's appeal is being remanded for additional development to determine his eligibility for TDIU and special monthly compensation based on the need for aid and attendance or by reason of being housebound.

The Board found that the Veteran's diabetes did not manifest during service or within one year of separation, and thus could not be presumed. The Board also determined that there was no continuity of symptoms since service separation. Therefore, the claim for service connection for diabetes was denied.