Diabetes decisions — 2013

The Veteran's type II diabetes mellitus is granted as secondary to herbicide exposure, specifically Gulf War Syndrome.

The Veteran's claims for service connection and increased rating for PTSD, as well as his claim for TDIU were denied. The Veteran does not have right ear hearing loss or tinnitus that is service-connected. His PTSD was rated at 30% prior to November 17, 2011, but the Board found no evidence of a higher rating due to occupational and social impairment.

The Veteran's diabetes mellitus and hypertension are service-connected, but his dental condition is not.,A rating of 20% for diabetes mellitus was granted effective June 1, 2013. The Veteran's hypertension remains at a 10% rating.

The Board has determined that the Veteran's diabetes mellitus and peripheral neuropathy are not related to his military service, including exposure to herbicides. The evidence does not establish he was exposed to Agent Orange during his time in Korea.

The Board has ordered a remand due to the need for an additional VA examination regarding whether the Veteran's hypertension was caused or aggravated by his service-connected diabetes mellitus.

The Veteran died in February 2006 due to freshwater drowning with hypothermia. The Board found that the appellant did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318, as she was not service-connected for any disability at the time of her husband's death and thus could not qualify based on a previously service-connected condition. The appellant also does not meet the income or net worth requirements for nonservice-connected death pension benefits. Therefore, accrued benefits are denied.

The Veteran's claims for service connection were denied, and the appeal was dismissed due to withdrawal of his appeals by June 2011. The claim for bilateral hearing loss was previously denied in a final rating decision issued in May 1991.

The Veteran is seeking service connection for hearing loss, tinnitus, and diabetes mellitus. The case must be remanded to obtain the Veteran's personnel records and a private medical record from Dr. Mark Frattali in Scranton, Pennsylvania.

The Board has remanded the case for a VA examination to determine if the Veteran's hypertension is secondary to his service-connected diabetes mellitus type II.

The Veteran's diabetes mellitus was not incurred or aggravated by service, including exposure to Agent Orange. The Board found no evidence of such exposure and the claim is denied.

The Veteran's diabetic retinopathy has been manifested by distant vision obtainable after best correction by glasses of 20/40 or better, no abnormalities in visual field or muscle function, and no active pathology. The Board finds that the preponderance of evidence does not reflect active pathology at any time during the appeal period.

The Veteran's combined service-connected disability rating is sufficient to meet the criteria for a TDIU, as his disabilities render him unable to secure and follow substantially gainful employment.

The Board denied the appellant's claim for dependency and indemnity compensation (DIC) under 38 U.S.C.A. § 1151, finding that the Veteran's death was not caused by a service-connected disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected diabetes mellitus and hypertension.

The Veteran's appeal for service connection for hypertension, which was secondary to his service-connected type II diabetes mellitus, has been dismissed as the appellant requested withdrawal of the appeal.

The Board has granted the Veteran's claim of service connection for diabetes mellitus, type II, as secondary to herbicide exposure. The Veteran was presumed exposed to herbicides during his military service in Vietnam.

The Board found that the Veteran's diabetes mellitus type II did not have its onset during active service or within one year after service, and it is not related to any in-service disease, event, or injury.

The Veteran's service in Vietnam was not confirmed, and there is no evidence of herbicide exposure. As a result, the claim for diabetes mellitus, type II, secondary to herbicide exposure cannot be granted.

The Board found that the Veteran's diabetes mellitus was not incurred in or aggravated by his military service and denied the claim.

The Veteran's service-connected diabetes mellitus is found to be the primary cause of his neurological symptoms in the upper extremities, bilateral hearing loss, tinnitus, and irritable bowel syndrome. Service connection for a brain tumor was not established.