Diabetes decisions — 2013

The Veteran's service-connected left foot disability with left great toe metatarsal head resection is currently rated at 30 percent, which does not meet the criteria for a higher rating. His diabetes mellitus is currently rated at 20 percent and requires insulin or oral hypoglycemic agent and a restricted diet but has not required regulation of activities.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining private medical records and VA treatment records.

The Board found no evidence to support the Veteran's claims that he developed diabetes mellitus, an amputation of the second toe of the left foot, or an eye disorder (presbyopia) as a result of medications prescribed by VA during his March 1991 hospitalization. The Board concluded that there was insufficient evidence to establish a direct service connection for these conditions.

The Board has restored a 40 percent rating for the Veteran's service-connected low back pain with herniated nucleus pulpous L5-S1, now diagnosed as status post L5-S1 left hemilaminectomy, foramenotomy, L5-S1 microdiscectomy with advanced degenerative disc disease. The reduction from 40 to 20 percent was found to be void ab initio.

The Board denied the Veteran's claim of entitlement to service connection for diabetes mellitus in a November 1981 decision. The Veteran was notified but did not appeal, and his claim remains final. New evidence submitted since then does not raise a reasonable possibility of substantiating the claim.

The Veteran's type II diabetes mellitus has not required regulation of activities, and therefore does not meet the criteria for a 40 percent rating under Diagnostic Code 7913. The Board finds that an increased rating is denied.

The Board finds the Veteran's testimony credible and supported by publications, thus granting service connection for diabetes mellitus due to presumed exposure to Agent Orange in Vietnam.

The Veteran's claims for service connection for type II diabetes mellitus and peripheral neuropathy of the lower extremities due to herbicide exposure were denied as there is no credible evidence of such exposure during active service.

The Board has granted service connection for diabetes mellitus, type II and renal disease on a presumptive basis due to presumed exposure to herbicides during active duty.

The Board has remanded the case due to a delay caused by the Veteran's attorney requesting more documents, and the Veteran was offered another video conference hearing. The claims for service connection are pending.

The Board found that the Veteran's death was not caused by or related to his service-connected conditions, including PTSD. The evidence did not support a finding that PTSD caused or aggravated the cardiovascular issues leading to the Veteran's death.

The Board has granted the Veteran's claim for service connection for erectile dysfunction as secondary to his service-connected type II diabetes mellitus and residuals of a cervical spine injury.

The Board has remanded the case due to the need for additional medical opinions regarding service connection for cause of death and the contributory effect of service-connected conditions on the Veteran's death.

The Board has determined that the Veteran's diabetes mellitus was not incurred in service and is not caused or aggravated by a service-connected disability. Therefore, the claim for service connection for diabetes mellitus is denied.

The Board denied service connection for COPD and diabetes mellitus as there was no evidence of these conditions during or within one year after service, and the Veteran did not provide competent medical evidence linking his current conditions to service.

The Veteran's claims for service connection for various disabilities were denied as there is no evidence of current diagnoses or a nexus to his military service.

The Board has determined that the Veteran's diabetes mellitus was not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated due to herbicide exposure. The claim is denied.

The Veteran's claims for increased ratings for diabetes mellitus, tinea corporis, and gastrointestinal disorder have been denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's claim for TDIU is being remanded due to procedural deficiencies, including the need to consider a newly assigned 70 percent rating for PTSD and an examination of his employability.

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