Diabetes decisions — 2012

The Veteran is seeking service connection for diabetes mellitus type 2, which he claims is due to herbicide exposure during his temporary duty at Suwon Air Force Base. The VA has not determined if the Veteran was exposed to herbicides and needs to verify this information before making a decision.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and granted it, finding that his preexisting condition was aggravated by military service. The appeal concerning type II diabetes mellitus and heart conditions is dismissed as the Veteran withdrew those issues from appeal.

The Board has granted service connection for a gastrointestinal disorder and diabetes mellitus, both presumed to be related to the Veteran's exposure to Agent Orange during his military service. The claim for PTSD is denied as it did not meet the criteria for a higher evaluation from February 26, 1991 to May 19, 1999.

The Board denied the Veteran's claims for a higher rating for diabetes mellitus, service connection for bilateral hearing loss, and service connection for tinnitus. The evidence did not show that treatment of his diabetes required regulation of activities, there was no indication that his hearing loss or tinnitus began during service, and he provided inconsistent statements regarding when these conditions started.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Veteran's service-connected disabilities rendered him unemployable from January 23, 2007 to September 30, 2008.

The Board has determined that the Veteran does not have residuals of a head injury with equilibrium problems related to active military service. The claims for service connection for type 2 diabetes mellitus, prostate cancer (status post prostatectomy), and hypertension are denied as there is no evidence linking these conditions to service.

The Board has determined that diabetes mellitus, type II, had its onset in service and grants service connection for this condition.

The Board found that the Veteran did not have diabetes mellitus during service or within one year of separation, and there was no evidence of herbicide exposure. The Board also found that the Veteran did not continuously manifest symptoms of diabetes mellitus after service. Therefore, the claim for service connection for diabetes mellitus type II was denied.

The Board has granted service connection for erectile dysfunction secondary to diabetes and denied service connection for an antiplatelet condition (swollen legs).

The Veteran's diabetes mellitus is not shown to be due to any event or incident of his service, and there is no credible evidence linking it to in-service exposure to Agent Orange.

The Veteran's condition meets the criteria for special monthly pension based on need for aid and attendance due to his disabilities, including leg pain, diabetes mellitus, hypertension, coronary artery disease, right hip strain with chronic pain and limitation of motion (LOM), status post operative repair, tear medial meniscus and osteochondritis dissecans right knee with chronic pain, degenerative arthritis with LOM in flexion and extension with incomplete extension, status post operative total knee replacement left knee with chronic pain, diffuse degenerative disc disease of the lumbar spine with partial lumbarization of S1 with chronic pain, and varying LOM. The Veteran is legally blind and requires assistance for daily activities such as cooking.

The Board found that the Veteran does not have type II diabetes mellitus that had its clinical onset during or is related to his active military service. The earliest diagnosis of diabetes was in August 2007, which occurred over one year after separation from active duty.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no current diagnosis of either Type I or Type II diabetes. The Board finds that the evidence does not support a grant of service connection for PTSD and residuals of a shrapnel wound injury to the left group XVII muscles.

The Board denied the appellant's request to reopen her claim for nonservice-connected pension benefits, finding that no new and material evidence had been received. The appellant did not meet the basic eligibility requirements for pension due to lack of qualifying active duty service.

The Board finds that the Veteran does not have a current diagnosis of diabetes mellitus, type II. The evidence does not support service connection for this condition.

The Veteran's claims for increased ratings and service connection were denied. The highest schedular rating of 30 percent was assigned for the Bell's palsy, left side of face, post-operative residuals. No compensable evaluation was granted for bilateral hearing loss or sinusitis. Service connection was not established for prostate cancer, Type II diabetes mellitus, or a lumbar spine disorder due to herbicide exposure.

The Veteran's claim for service connection for type II diabetes mellitus is being remanded due to the need for additional development, including a VA examination and consideration of his exposure to herbicides in service. The AOJ must also consider whether there is evidence that establishes direct exposure to herbicides during service.

The Veteran's diabetes mellitus is currently rated at 20 percent, the minimum rating required under Diagnostic Code 7913. The current evaluation does not meet the criteria for a higher rating as it does not demonstrate insulin and restricted diet or regulation of activities due to diabetes.

The Veteran's claim for service connection for type II diabetes mellitus is being remanded due to the need for additional development regarding his claimed exposure to herbicides during service.