Diabetes decisions — 2012

The Veteran's diabetes mellitus is currently evaluated at a 20 percent rating, which requires insulin and a restricted diet.

The Veteran's claim for service connection for diabetes mellitus, claimed as due to exposure to herbicides, has been remanded by the Board of Veterans' Appeals for further development. The issue is currently under review.

The Veteran's death was caused by a cerebral herniation due to cerebral edema, which was found to be related to hypertension and diabetes mellitus, both presumed to be caused by his in-service herbicide exposure. The Board determined that the service-connected disabilities contributed substantially or materially to his death.

The Board has determined that the Veteran did not serve in Vietnam and therefore, does not meet the criteria for presumptive service connection based on herbicide exposure. The Veteran's diabetes mellitus and hypertension were not shown to be related to his active duty service.

The Veteran's claims for increased ratings for Type II Diabetes Mellitus, associated peripheral neuropathy of the left and right lower extremities are being remanded due to the need for additional development including obtaining outstanding VA outpatient records and scheduling a new examination.

The Veteran's claim for a TDIU was denied in April 2005, and the RO found that he did not meet the schedular criteria for TDIU at any time prior to August 2, 2007. The effective date of the denial is therefore August 2, 2007.

The Veteran's initial ratings for coronary artery disease and diabetes mellitus type II have been denied as his conditions do not meet the criteria for higher ratings under the applicable rating schedule.

The Board has determined that the Veteran's diabetes mellitus, which manifested within a year of his discharge from active service in the Merchant Marines, contributed substantially and materially to his cause of death. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for additional development, including obtaining information about vaccines administered in January 1991 and an etiological opinion regarding diabetes mellitus, type I.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of his claim.

The Veteran's death was not caused by a service-connected condition, and the claims for DIC under 38 U.S.C.A. § 1310 and accrued benefits were denied.

The Board finds that the Veteran's vision disability, diagnosed as diabetic retinopathy, is causally related to his service-connected Type II diabetes mellitus (DM). Therefore, the claim of entitlement to service connection for a vision disability including as secondary to DM is granted.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and verify his military service. A VA examination will be scheduled to determine if he has a current respiratory disability related to his in-service pneumonia, and whether his current diabetes mellitus may have been caused or aggravated by obesity during service.

The Veteran withdrew his appeal for the claims of service connection for type 2 diabetes mellitus, residuals of a stroke, and prostate cancer prior to the Board's decision.

The Veteran's claims of entitlement to an initial, compensable rating for erectile dysfunction and an effective date prior to April 27, 2007 for a grant of service connection for prostate cancer and type II diabetes mellitus were denied. The Board found that the disability was not shown to be productive of industrial impairment warranting a compensable evaluation under the schedular criteria.

The Veteran's hypertension and diabetes mellitus have been granted service connection, with the hypertension receiving a grant of service connection due to its onset during active duty service. The diabetes mellitus has also been granted service connection, but is rated at 40 percent based on the need for insulin, restricted diet, and regulation of activities.

The Veteran's claim of service connection for type 2 diabetes mellitus, residuals of a stroke, prostate cancer, and an acquired psychiatric disorder including posttraumatic stress disorder will be the subject of a separate decision. The appeal is currently remanded due to missing records and lack of verification of reserve component service.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's diabetes mellitus type II with peripheral vascular disease and erectile dysfunction is currently rated at 20 percent, the maximum schedular rating available. The Board finds that a higher evaluation is not warranted as the evidence does not show that the disability picture more nearly approximates the criteria for a higher evaluation.

The Board has remanded the case due to a procedural issue with the notice of disagreement and the need for appropriate action by VA following receipt of the appellant's November 1991 notice of disagreement.