Diabetes decisions — 2013

The Board has remanded the case for further development, including an expert medical opinion on whether the Veteran's diabetes mellitus is related to exposure to specific chemicals in service. The Veteran and his representative have submitted additional arguments and evidence.

The Veteran's claim for service connection for diabetes mellitus, which was related to herbicide exposure, has been dismissed due to the death of the appellant.

The Board denied service connection for diabetes mellitus, respiratory disorder, and PTSD with depressive disorder and polysubstance abuse. The Veteran's claims were not supported by evidence of in-service exposure to herbicides or a diagnosis within one year of separation from service.

The Veteran's claims for service connection for diabetes mellitus, an evaluation for major depression in excess of 30 percent prior to May 3, 2012, and in excess of 50 percent from May 3, 2012, a compensable initial evaluation for hemorrhoids, extension beyond February 29, 2008, of a temporary total rating for service-connected major depression, and TDIU were all denied.

The Board found that the Veteran's countable income from March 1, 2009 to March 31, 2010 exceeded the applicable maximum annual pension rate (MAPR) for a single Veteran with no dependents and in need of regular aid and attendance. As his income exceeded the statutory limits, he is not legally entitled to payment of VA pension benefits.

The Veteran's service-connected low back disorder was granted a rating of 20 percent prior to August 24, 2010 and increased to 30 percent thereafter. The right knee and left knee disorders were each granted a rating of 10 percent initially, with the left knee receiving an additional 10 percent for instability starting from August 24, 2010. The service-connected diabetic peripheral neuropathy of both lower extremities was also granted initial ratings of 10 percent prior to August 24, 2010 and increased to 20 percent thereafter.

The Veteran's sleep apnea, diabetes mellitus type II, and hypertension are all found to be service-connected. The diagnoses of these conditions were made during active duty service.

The Board has determined that the Veteran's death was not caused by his military service, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's service records and testimony support his claim that he served onshore in Vietnam, which qualifies him for the presumption of herbicide exposure. As a result, he is granted service connection for diabetes mellitus.

The Board has remanded the case due to insufficient evidence regarding service connection for diabetes mellitus, including potential exposure during reserve duty in 1981.

The Veteran's prostate cancer and diabetes mellitus were not found to be related to his active duty service.

The Board found that the Veteran did not serve in Vietnam and thus could not establish herbicide exposure. The claims for diabetes, hypertension, and an acquired psychiatric disorder were denied as there was no evidence of such conditions during service or within one year post-service.

The Veteran's claims for increased ratings for diabetes mellitus and bilateral lower extremity peripheral neuropathy are being remanded due to the need for additional medical records and a comprehensive examination.

The Veteran's PTSD symptoms have most nearly approximated total occupational and social impairment throughout the appeal period, warranting a 100 percent rating.

The Board is remanding the case for additional development, including a VA examination to determine if hypertension is related to service-connected ischemic heart disease or exposure to Agent Orange. The Veteran's PTSD may also be considered in relation to his hypertension.

The Veteran's diabetes mellitus, with complications of hypertension and bilateral retinopathy, does not meet the criteria for a rating in excess of 20 percent. The Board found that the Veteran's activities were not regulated due to his service-connected diabetes.

The Board has granted service connection for diabetes mellitus type II, finding that the Veteran's current condition is at least as likely as not related to his military service and exposure to herbicides.

The Veteran's claim for service connection for hypertension, claimed as secondary to his service-connected diabetes mellitus, is being remanded due to the need for additional medical records and a new opinion regarding the relationship between the conditions.

The Veteran's prostate cancer is rated at 100 percent, and his remaining service-connected disabilities have a combined disability rating of at least 60 percent. Therefore, the claim for a TDIU prior to October 19, 2010 is dismissed as moot.

The Board has determined that the Veteran's claims for service connection for epistaxis and bilateral hearing loss disability are granted, with effective dates based on the date of receipt of his claims. The claim for diabetes mellitus is denied as it was not received within one year after separation from service.