Diabetes decisions — 2013

The Veteran's appeal is remanded due to conflicting evidence regarding whether regulation of activities is required for his diabetes mellitus management. The case will be returned to the Board after additional development.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the combined effect of his service-connected disabilities on his ability to obtain or retain substantially gainful employment.

The Veteran is seeking service connection for diabetes mellitus, type II. The case has been remanded due to the need for additional development regarding potential herbicide exposure during service.

The Board granted the Veteran's claims for increased ratings for diabetic peripheral neuropathy of the lower extremities and left knee disability, as well as service connection for PTSD. The effective dates for these awards were set to November 25, 2009.

The Veteran's claims for diabetes mellitus, type II and a skin condition were denied as there is no evidence of herbicide exposure during service. The Veteran's ankylosing spondylosis and arthritis are not addressed in this decision.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective April 24, 2006. The criteria for TDIU were met as of that date due to the severity of his service-connected disabilities.

The Board denied service connection for diabetes mellitus, CAD, hypertension, diabetic retinopathy, and trigger finger repair of the right thumb due to a lack of evidence showing exposure to herbicides in Vietnam. The Veteran's service records indicate he served aboard the USS Kitty Hawk but did not provide sufficient evidence that he was present on landmass or inland waters of Vietnam.

The Board has granted a TDIU rating for the Veteran's PTSD, effective January 16, 2008. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected PTSD.

The Veteran's service-connected disabilities, including PTSD and tinnitus, were found to be severe enough to prevent him from securing and maintaining substantially gainful employment prior to February 10, 2011. However, the criteria for a TDIU before that date were not met due to his combined disability rating being less than 60%.

The case is being remanded for further development, including a VA examination to determine the likely etiology of type II diabetes and whether hypertension and cataracts are caused by or aggravated by type II diabetes. The issues on appeal will be reconsidered after this development.

The Board denied the Veteran's claim for service connection for hypertension as secondary to his service-connected diabetes mellitus, finding that there was no evidence of a nexus between the two conditions.

The Board denied an extraschedular rating for hearing loss and found that the Veteran's service-connected disabilities did not preclude him from obtaining substantially gainful employment, thus denying a TDIU.

The Veteran's claims for diabetes mellitus and a neurological disorder of the upper and lower extremities, to include peripheral neuropathy and/or CIDP, were denied as they are not related to his active service or herbicide exposure.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and verifying herbicide exposure.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2009 for payment of additional compensation for his current spouse. The decision was based on the fact that notice of his marriage to his current spouse was not received at the RO within one year of their marriage or prior to February 10, 2009.

The Board has determined that the Veteran's Erectile Dysfunction (ED) is proximately due to or the result of his service-connected Diabetes Mellitus, and thus grants service connection for ED on a secondary causation basis.

The Veteran seeks service connection for an eye disability, including diabetic retinopathy and cataracts, secondary to his service-connected diabetes mellitus, type II. The Board has remanded the case for additional development.

The Board has denied the Veteran's claims of service connection for various conditions, including residuals of colon cancer, right shoulder disability, left testicle disability, bronchitis/asthma, diabetes mellitus, hypertension, erectile dysfunction, and heart disability. The appeals were based on new and material evidence for residuals of colon cancer.

The Veteran's DM is presumed due to his service in Vietnam, and he has been granted presumptive service connection for this condition. His skin disabilities are not deemed associated with herbicide exposure but have been found to be related to his DM.

The Veteran's appeal is remanded for further development, including a VA examination to determine the nature and etiology of any left eye disorder. The examiner must provide rationale for opinions regarding service connection.