Diabetes decisions — 2014

The Veteran's claims for type II diabetes mellitus and diabetic retinopathy are being remanded due to the need for additional medical examination and development of records.

The Veteran's diabetes mellitus was not shown to have onset during service or within one year of separation, and there is no evidence of exposure to Agent Orange. The Board finds that the preponderance of the evidence is against finding a nexus between his service and his current disability.

The Veteran's service-connected diabetic retinopathy does not result in any impairment of visual acuity that would warrant a compensable evaluation under the applicable rating criteria.

The Board found that the proximate cause of the Veteran's death was not due to VA treatment, including Dilantin administration, and thus denied DIC benefits under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including obtaining command histories and other relevant evidence to verify the Veteran's exposure to Agent Orange in the Republic of Vietnam. The Veteran is entitled to representation at all stages of the appeal.

The Board has remanded the case due to insufficient rationale provided by the examiner regarding the relationship between the Veteran's hypertension and his service-connected coronary artery disease. The claim will be returned for further development.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and VA examination reports. The appeal will be remanded to the Department of Veterans Affairs Regional Office.

The Veteran's service-connected disabilities meet the schedular requirements for a TDIU rating, and he is prevented from securing or following a substantially gainful occupation due to his service-connected conditions.

The Board has determined that the Veteran does not have diabetes mellitus at this time and therefore, service connection for diabetes mellitus is denied.

The Veteran's service connection claim for diabetes mellitus, type II is granted due to presumed exposure to herbicide agents during his service in the Republic of Vietnam.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a TDIU.

The Board found that the Veteran did not serve in Vietnam and thus could not be presumed to have been exposed to Agent Orange. The service connection for diabetes mellitus was denied as there is no evidence of its onset during service or within a year after separation, nor can it be presumed due to herbicide exposure. Service connection for a back disorder was also denied as the medical evidence did not support a direct relationship between the current condition and service.

The VA denied an increased rating for diabetes mellitus, finding that the appellant's activities were not restricted due to his condition. The Board found no evidence of regulation of occupational and recreational activities as required by Diagnostic Code 7913.

The Veteran's upper extremity neuropathies have been rated based on the severity of their impairment, with a 10% rating for each major and minor side prior to November 3, 2008, and a 30% rating for the right upper extremity and a 20% rating for the left upper extremity from November 3, 2008 forward.

The Veteran's claim for an increased evaluation for diabetes mellitus, type II is being remanded due to the need to associate SSA records with his claims file.

The Veteran does not have a diagnosis of diabetic retinopathy, and therefore, the claim for service connection is denied.

The Board has determined that the Veteran's hypertension is not related to his service-connected diabetes mellitus and therefore denied the claim for service connection.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination. The issue of entitlement to total disability rating due to individual unemployability has also been added.

The Board has granted the Veteran's claim for service connection for diabetes mellitus, finding that his current diagnosis of diabetes mellitus is related to his presumed exposure to Agent Orange during his service in Vietnam. Porphyria cutanea tarda was also found to be presumptively linked to herbicide exposure.

The Veteran's claim for a TDIU is granted, and his claims for increased evaluations of his service-connected disabilities are dismissed as the appeal has been withdrawn.