Diabetes decisions — 2013

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and clarifying the etiology of his skin disorder.

The Veteran's initial disability rating for diabetes mellitus, type II, was granted at 20 percent effective May 8, 2008. The current appeal is about the level of disability rather than service connection.

The Board has determined that the Veteran's diabetes mellitus with erectile dysfunction and peripheral neuropathy, as well as his tinnitus and bilateral hearing loss, may not be effective earlier than October 14, 2009. The initial ratings for these conditions have been denied.

The Veteran's diabetes mellitus was rated at 40 percent since January 3, 2011. The evidence did not meet the criteria for a higher rating as he did not require insulin, restricted diet and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring hospitalizations.

The Veteran's claim for service connection for diabetes mellitus, Type II, due to herbicide exposure is being remanded for further development.

The Board has remanded the TDIU claim for further development, including obtaining a VA mental health disorders examination and an eye examination to assess the Veteran's service-connected disabilities and their impact on his employability. The claims are being returned to the RO/AMC for these additional evaluations.

The Board denied the Veteran's request for an earlier effective date for a higher rating of his service-connected hypothyroidism with tachycardia and obesity, as the decision was final due to lack of disagreement with the initial assignment of the disability rating.

The Veteran's claims for higher initial ratings for diabetes, diabetic retinopathy and nephropathy, and bilateral hip and knee strains were denied. The Board found that the criteria for a 40 percent rating under DC 7913 (for type II diabetes mellitus) have not been met.

The Veteran's claims for service connection for various conditions, including irritable bowel syndrome, hypertension, diabetes mellitus type 2, vision disability, peripheral neuropathy of all extremities, and an acquired psychiatric disorder (PTSD), were denied as there was no evidence of herbicide exposure or a link to service.

The Board has vacated its November 2012 decision due to the discovery of additional evidence not previously considered, and has remanded the case for further development.

The Veteran's claim of entitlement to an effective date prior to August 1, 2001 for type II diabetes mellitus is denied. The earliest application that may be construed as a claim for type II diabetes purposes was received by VA on August 1, 1990.

The Veteran's claim is being remanded for additional development to verify his claimed stressors and exposure to herbicides/asbestos, obtain VA treatment records, obtain SSA disability benefits records, and schedule a VA psychiatric examination.

The Veteran's diabetes mellitus with nephropathy, retinopathy and erectile dysfunction is currently rated at 20%.,Prior to June 1, 2006, the Veteran's neuropathy in his right foot was rated at 10%, while in his left foot it was also rated at 10%. After that date, both conditions were rated at 20%.,The Veteran requested withdrawal of his claim for increased SMC based on loss of use of a creative organ.

The Board has determined that additional development is needed to determine if the Veteran's service connection claims are based on Agent Orange exposure or other factors. The case is being remanded for further action.

The Veteran's diabetes mellitus, type 2 is currently rated at 10 percent and effective May 28, 2011. The Veteran is granted a separate initial compensable rating for peripheral neuropathy of the right lower extremity and left lower extremity prior to May 28, 2011, but not in excess of 10 percent thereafter. Erectile dysfunction is also rated at 10 percent.

The Board found that the Veteran's diabetes mellitus, type II was not incurred in or aggravated by active service and it may not be presumed to have been incurred in service.

The Veteran's diabetes mellitus requires treatment with insulin and a restricted diet, but his medical provider has not regulated his occupational and recreational activities due to the condition. The Board finds that the criteria for a rating in excess of 20 percent have not been met.

The Board found that the Veteran's hypertension is not related to his service-connected diabetes mellitus and denied the claim.

The Board has determined that the Veteran's kidney failure is at least as likely as not aggravated by his service-connected diabetes mellitus, type 2. As such, the claim for service connection for kidney failure is granted.

The Board has determined that additional development is needed to obtain VA treatment records and other relevant medical evidence. The Veteran's claims for service connection will be readjudicated after the completion of this development.