Diabetes decisions — 2011

The Board denied the Veteran's claim for an increased rate of SMC on the basis of the need for aid and attendance of another person for purposes of accrued benefits, finding that evidence in VA's possession at the time of the Veteran's death was insufficient to establish a factual need for regular aid and attendance due to service-connected disabilities.

The Board granted the Veteran's earlier effective date claim for a 30 percent rating for dysthymic disorder and denied his other claims.

The Board has determined that diabetes mellitus is related to service and grants service connection for this condition.

The Veteran's claim for an increased rating for diabetes mellitus was denied, and his claim for service connection for a cardiovascular disability due to Agent Orange exposure was also denied. The Board found that the evidence did not demonstrate any regulation of activities required for a higher evaluation for diabetes mellitus.

The Veteran's service-connected hypertension and diabetes mellitus are currently rated at the lowest possible levels, with no higher ratings warranted based on the evidence of record.

The appeal has been withdrawn by the appellant's representative.

The Veteran's service-connected diabetes mellitus is currently rated at 40 percent, effective October 31, 2008. The Board found that the evidence did not support a higher rating prior to this date.

The Board has determined that the Veteran's claims for service connection for diabetes mellitus, left lower extremity venous thrombophlebitis, high cholesterol, hernia, edema, heart disability (presumably referring to heart disease), and hypertension have been withdrawn. The Board also found that the Veteran does not meet the criteria for service connection for psychiatric disability, claimed as depression and PTSD, due to lack of evidence showing a nexus between his current conditions and active service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board denied the Veteran's claim for service connection for diabetes mellitus, finding that it was not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The Veteran's claims for service connection for right foot ulcers, left foot ulcers, PTSD, and diabetes mellitus were denied. The Veteran's claim for hypertension was pending as it is secondary to his service-connected diabetes mellitus. His claims for service connection for right ear hearing loss disability and left ear hearing loss disability were both denied. His claim for tinnitus was granted.

The Board has decided to remand the case for further development, including obtaining Social Security Administration records.

The Board has determined that the Veteran's pulmonary tuberculosis, diabetes, diabetic neuropathy, and acquired psychiatric disability (depression) are all related to his military service.

The Veteran's claims for increased ratings for service-connected diabetes mellitus and erectile dysfunction are being remanded to allow for further development of the record, including obtaining VA treatment records and providing him with additional examinations.

The Veteran's claims for a higher rating for diabetes mellitus and service connection for hepatitis C were denied. The Board found that the evidence did not support a rating in excess of 20 percent for diabetes mellitus, as he was not restricted to activities due to his condition.

The Veteran's appeal is being remanded to the RO for scheduling a personal hearing before a Veterans Law Judge at the RO. The issues of service connection for diabetes mellitus and entitlement to a compensable rating for left adductor tendonitis are pending.

The Board has granted service connection for diabetes mellitus type II and coronary artery disease, both of which are presumed due to herbicide exposure in Vietnam. The claim for erectile dysfunction is also granted as secondary to the service-connected conditions. Service connection for hypertension remains pending.

The Board has granted a 40 percent disability rating for diabetes mellitus, effective February 4, 2010. The appellant's prior request for an increased evaluation remains pending.

The Veteran's claim for a rating in excess of 60 percent for atherosclerotic coronary artery disease (ASCAD) associated with diabetes mellitus, type II from June 1, 2007, was denied. His TDIU claim was also denied.

The Board found no evidence of herbicide exposure and denied service connection for diabetes as a result of such exposure. The Veteran's claim for service connection based on a cause other than herbicides is addressed in the REMAND portion.