Diabetes decisions — 2013

The Veteran's cause of death was not related to his service-connected rheumatic fever, high blood pressure, and diabetes mellitus.

The Board has granted service connection for diabetes mellitus, finding that it is etiologically related to the Veteran's service-connected obstructive sleep apnea and hypertension. The decision on erectile dysfunction remains pending as it was not addressed in this citation.

The Board has granted service connection for diabetes mellitus, type II, on a presumptive basis as it manifested to a compensable degree within one year of the Veteran's discharge from service. The Veteran was diagnosed with diabetes in May 1991, which is within the one-year period following his discharge.

The Board has granted service connection for diabetes mellitus type II and peripheral neuropathy of the left lower extremity.,Additional development is required to address the remaining issues on appeal.

For the portion of the appeal period from March 2, 2004 to May 25, 2004, the Veteran's diabetes mellitus was diagnosed but not treated with medication or insulin.,For the portion of the appeal period starting from May 26, 2004, the Veteran's diabetes mellitus was treated with oral medication and a restricted diet, without requiring regulation of activities.

The Veteran's nephropathy associated with diabetes mellitus, type II is currently rated at 60 percent and the appeal has been denied as his disability does not meet or approximate the criteria for a higher rating.

The Veteran's appeal is being remanded due to an outstanding request for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's death was not caused by his service-connected disabilities, as the cause of death (cardio-pulmonary arrest and diabetes) were not present in service or within one year after discharge. The preponderance of evidence is against a finding that these conditions are related to service.

The Board found that the Veteran did not serve in Vietnam or its inland waters, and thus was not exposed to herbicides. As a result, service connection for type II diabetes mellitus cannot be established based on presumptive exposure to Agent Orange.

The Board has reopened the service connection claims for TMJ and left knee degenerative joint disease, but denied the remaining claims. The Veteran's prostate cancer claim is not supported by evidence of current disability.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, including his lumbar spine disability and related medications.

The Veteran's claim for service connection for diabetes mellitus was denied as there is no medical evidence linking the condition to his military service, including exposure to herbicides.

The Veteran's service-connected eye disability, diabetes mellitus, and appendectomy scar have rendered him unable to secure or follow a substantially gainful occupation due to the severity of his disabilities.

The Board found that hypertension was not incurred in service, may not be presumed to have been incurred in service, and is not secondary to a service-connected disability. The Veteran's claim for an increased rating for diabetes mellitus is remanded.

The Veteran's service records do not show active duty in the Republic of Vietnam or near the DMZ where herbicides were used. The Board finds no evidence of exposure to herbicide agents and thus cannot presume such exposure.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU criteria are met.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, the maximum schedular rating available. The Board finds that the evidence does not support a higher rating as it does not meet the criteria for a 40 percent or higher rating under Diagnostic Code 7913.

The Veteran's appeals for higher ratings on his service-connected left arm shrapnel wounds, diabetic retinal changes with bilateral cataracts, and scarring due to the left arm shrapnel wounds have been dismissed as he has withdrawn his appeal.

The Veteran's unauthorized medical expenses incurred on March 31, 2009 were denied as the treatment did not constitute a medical emergency and VA facilities were feasibly available.

The Board is remanding the case to obtain a new medical opinion regarding whether any of the Veteran's causes of death, including hypertension, heart disease, chronic lung disease, chronic renal dysfunction, and diabetes mellitus, type II, could be attributed directly to his military service. The examiner must reconcile conflicting opinions from Dr. Patel and Dr. Maki with prior VA examinations.