Diabetes decisions — 2013

The Veteran's claim for higher SMC based on the need for aid and attendance has been denied as he does not meet the criteria for such benefits due to his service-connected disabilities.

The Board denied the Veteran's claim of entitlement to service connection for diabetes mellitus, finding no evidence linking his current condition to his military service or herbicide exposure.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for further proceedings consistent with its decision, including consideration of new evidence and issuance of a Statement of the Case.

The Veteran's appeal is being remanded for additional development, including obtaining employment records and conducting VA examinations to assess the impact of his service-connected disabilities on his employability.

The Board finds that the Veteran's service-connected disabilities, including right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, diabetes mellitus, and other conditions, preclude him from securing or following substantially gainful employment. Therefore, a TDIU rating is granted.

The Board denied the Veteran's request to reopen his claim of service connection for diabetes mellitus, type II due to lack of new and material evidence.

The Veteran is seeking service connection for diabetes mellitus type II, erectile dysfunction due to diabetes mellitus type II, an eye disorder due to diabetes mellitus type II, and hypertension due to diabetes mellitus type II, all related to in-service herbicide exposure. The case must be remanded as the RO did not address a recent memorandum from the Joint Services Records Research Center (JSRRC) regarding the storage of Agent Orange on Navy vessels during the Vietnam War.

The Veteran seeks service connection for diabetes mellitus, type II, claiming exposure to herbicides during his military service in Okinawa. The Board has determined that additional development is needed to verify the Veteran's claimed exposure.

The Veteran's claims for service connection are being remanded due to the need for additional information regarding his exposure to herbicide agents and possible in-country service. Additionally, all pertinent VA treatment records must be obtained.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the criteria for a TDIU have been met.

The Board has granted the Veteran's claim for service connection for erectile dysfunction as secondary to his service-connected diabetes mellitus. The issue of an increased rating for diabetes mellitus remains pending and will be remanded.

The Board found that the interruption of vocational rehabilitation benefits was proper and that achievement of a vocational goal is not reasonably feasible for purposes of entitlement to vocational rehabilitation under Chapter 31.

The Board denied the Veteran's claims for service connection for diabetes mellitus, a bilateral eye disability, and higher initial ratings for degenerative osteoarthritis of the lumbar spine. The decision also noted that some issues were granted but others were not.

The Board has remanded the Veteran's claims of entitlement to a compensable disability rating for service-connected tension headaches and entitlement to total disability rating due to individual unemployability as a result of service-connected disabilities. The case is being returned to the RO for further development.

The Veteran's ischemic monomelic neuropathy affecting the left leg, aneurysm with thrombosis of the left popliteal artery, abscess of the left thigh with a residual scar, and diabetes mellitus are all found to be proximately caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers. As such, compensation benefits under 38 U.S.C.A. § 1151 are granted for these conditions.

The Veteran's claim for an earlier effective date for SMC based on the need for regular aid and attendance was denied as there was no pending claim prior to May 13, 2009. The effective date of May 13, 2009 is established based on a medical opinion dated that day.

The Veteran's claims for service connection are being remanded due to incomplete verification of his periods of active military service, particularly in the Tennessee Army National Guard. He is also requested to clarify when he was diagnosed with diabetes, hypertension, or cardiovascular disorders.

The Veteran's service-connected disabilities (PTSD, Type II Diabetes Mellitus, Tinnitus, and Bilateral Hearing Loss) produced a combined disability rating of 60 percent from November 24, 2007 to March 8, 2010. However, the criteria for a total disability rating based on individual unemployability were not met during this period.

The Veteran's claim for an earlier effective date of SMC benefits based on housebound criteria being met was granted as of July 26, 2006. The Board found that the Veteran had service-connected disabilities totaling at least 70% disabling by September 16, 2005, which qualified him for SMC benefits effective from that date.