Diabetes decisions — 2012

The Board has determined that the Veteran's diabetes mellitus was not incurred in or aggravated by service, and his hypertension is presumed to have been incurred in service. The benefit of doubt has been resolved in favor of the Veteran for hypertension.

The Veteran's diabetes mellitus requires insulin, a restricted diet and regulation of activities. The Board finds that the criteria for a 40 percent rating are met.

The Veteran withdrew his appeal for a higher rating of diabetes mellitus, type 2.

The Board has determined that the service connection for diabetes mellitus with nephropathy, as well as diabetic neuropathy of the right and left lower extremities, should be restored from their initial grant dates.

The Board has remanded the case for further development, including obtaining medical records and authorization to release private health care provider records. The appellant's DIC claim is not granted as service connection was not in effect at the time of her husband's death.

The Board has remanded the case for further development regarding the Veteran's claim of service connection for diabetes mellitus type II due to herbicide exposure. The Veteran served aboard a ship in Vietnam waters, but it is unclear if he was exposed to herbicides based on his presence and the nature of his service.

The Veteran's seven service connected disabilities meet the schedular requirements for consideration of a TDIU under 38 C.F.R. § 4.16(a), and his combined rating is currently at 80 percent, effective from September 2011.

The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance of another or at the rate for housebound status is being remanded due to changes in criteria interpretation that make it easier for a veteran over 65 to qualify. The case will be reviewed again after additional development.

The Veteran's appeal is being remanded to obtain additional records, provide a VA examination for all claimed conditions, and determine the nature and etiology of each condition.

The Board has determined that the appellant's diabetes mellitus does not warrant a rating in excess of 20 percent, and his hypertension is currently rated at 20 percent. The current ratings are appropriate based on the clinical evidence showing no need for insulin or regulation of activities due to diabetes, and no specific restrictions related to hypertension.

The Veteran's service as a Merchant Seaman during the Persian Gulf War is not considered active military, naval, or air service for VA purposes. Therefore, his claim for service connection for Gulf War syndrome to include muscle and joint pain, fatigue, diabetes, and skin rash due to an undiagnosed illness cannot be granted.

The Veteran's appeal is being remanded for further development, including verification of his service and readjudication of the pension claim. The issues of service connection are also pending.

The Veteran's diabetes mellitus, Type II was not incurred or aggravated by service and is not presumed to have been incurred due to exposure to herbicides. The Board finds that the preponderance of evidence is against the claim.

The Veteran's service-connected diabetes mellitus, type II does not require a higher disability evaluation due to the lack of evidence showing that it necessitates regulation of activities. The criteria for an increased rating are not met.

The Veteran's service-connected residuals of a gunshot wound to Muscle Group XIX are currently rated at 30 percent, and the claim for an increased rating is granted. A separate 10 percent rating is assigned for scarring of the abdominal region. The issue of TDIU from October 28, 2005 remains unresolved.

The Veteran's claim for a separate compensable initial evaluation for peripheral neuropathy, left upper extremity, secondary to service-connected diabetes has been denied as the Veteran failed to attend his scheduled VA examination without providing any reason.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need for another VA examination to assess his employability given his service-connected disabilities.

The Veteran's claims for service connection were denied, and the reduction of his left knee disability rating was found to be improper. The Veteran did not have new and material evidence submitted to reopen several of his claims.

The Board has reopened the claim for service connection for Type II Diabetes Mellitus due to Agent Orange exposure, but remands it for further development and consideration.

The Board finds that the appellant was not unemployable due to his service-connected disabilities prior to October 22, 2007. As such, an effective date earlier than October 22, 2007 for a TDIU is not factually ascertainable.