Diabetes decisions — 2013

The Veteran withdrew his appeal regarding the issues of entitlement to a rating in excess of 30 percent for residuals of left tibial tubercle fracture with osteoarthritic changes and chronic chondromalacia of the knee; entitlement to a rating in excess of 30 percent for recurrent subluxation of the left knee; and entitlement to service connection for diabetes mellitus, type II, bilateral eye disorder, bilateral carpal tunnel syndrome, gout, hypertension, hypertensive heart disease and osteomyelitis.

The Veteran's claims for service connection were denied as his disabilities are not related to his military service, including exposure to contaminants.

The Board denied the Veteran's claims for higher ratings for erectile dysfunction and diabetic retinopathy, as well as his claim for TDIU prior to November 8, 2013. The Veteran was already receiving a compensable rating for erectile dysfunction due to service connection, and the diabetes mellitus with erectile dysfunction was rated together.

The Board is remanding the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and addressing the timeliness of the NODs and new and material evidence issues.

The Veteran's acquired psychiatric disorder, including social phobia, anxiety disorder, agoraphobia with panic disorder, and depression, is found to be secondary to his service-connected residuals of stroke. His diabetes mellitus type II has been rated at 20 percent since November 23, 2004, and increased to 40 percent for the right lower extremity peripheral neuropathy on April 25, 2013. The left lower extremity peripheral neuropathy was also increased to 40 percent effective from that date.

The Board has remanded the case due to inadequate VA examination opinions regarding the relationship between hypertension and Agent Orange exposure, as well as diabetes. The Veteran's claim for service connection will be reconsidered based on this new evidence.

The Board found that the Veteran's eye disabilities, including glaucoma and diplopia, are not related to his service or due to a service-connected condition. The claim for secondary service connection was denied.

The Veteran's service-connected disabilities do not render him unemployable, as his education and work experience make him suitable for sedentary employment.

The Veteran has withdrawn his appeals regarding the claims for service connection for squamous cell carcinoma of the left tonsil and diabetes mellitus.

The Veteran's hypertension is being remanded for a supplemental medical opinion to determine if it is at least as likely as not caused or aggravated by his diabetes mellitus, type II.

The Board has determined that the Veteran's condition was not stabilized until June 2, 2010, and thus he is entitled to reimbursement for his unauthorized medical expenses incurred on June 2, 2010.

The Veteran's diabetes mellitus is currently evaluated at 20 percent, and the evidence does not support a higher evaluation.

The Veteran's claims for an increased rating for his diabetic proliferative retinopathy with hemorrhage and a TDIU are being remanded due to the need to obtain additional VA treatment records, review of the May 2013 VA examination report by another examiner if necessary, and consideration of the severity of his service-connected eye disabilities.

The Board has granted service connection for type II diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and coronary artery disease as presumptively related to herbicide exposure in Vietnam. The Veteran's skin disorders, hypertension, heart disease, and eye disorder are not service connected.

The Board has remanded the case for additional development, including obtaining service personnel records and updated VA treatment records. The Veteran's claims for service connection are currently on appeal.

The Board has remanded the case for additional development, including obtaining medical records and providing a supplemental opinion regarding whether the Veteran's hypertension is aggravated by his service-connected diabetes mellitus.

The Board has determined that the Veteran had a layover in Saigon during his service in Thailand, which places him within the Republic of Vietnam. As such, he is presumed to have been exposed to herbicides and thus meets the criteria for service connection for diabetes mellitus type II.

The Board has denied the Veteran's claim for an increased rating for bilateral hearing loss and remanded the issue of entitlement to an initial evaluation in excess of 20 percent for diabetes mellitus, type II. The case must be returned to the Board after a statement of the case is issued.

The Veteran's service-connected diabetes mellitus and erectile dysfunction are currently rated at the highest available evaluations, with no additional compensation granted. The Board finds that neither condition warrants a higher evaluation.

The Board found that the Veteran's Type II Diabetes Mellitus did not incept during his service or to a compensable degree within a year of his discharge from service, and there is no competent and credible evidence otherwise etiologically linking this disease and associated upper and lower extremity peripheral neuropathy to his service.