Diabetes decisions — 2014

The Veteran is seeking service connection for diabetes mellitus type II and erectile dysfunction. The case has been remanded to obtain additional medical records, conduct a VA examination, and determine the nature and etiology of these conditions.

The Board denied the Veteran's claims for service connection for COPD, congestive heart failure, pulmonary hypertension, and diabetes mellitus as there was no evidence of these conditions in service or within one year post-service. The Veteran's income exceeded the limit for receiving nonservice-connected pension.

The Veteran's service-connected disabilities rendered him unemployable for the period from August 7, 2008 through April 21, 2009.

The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus was denied as no effective date earlier than February 24, 2011 is assignable due to the amendment allowing presumptive service connection based on herbicide exposure in Korea.

The Board has decided to remand the case for additional development, including obtaining missing service personnel records and private treatment records.

The Board found that the monthly amount withheld from the Veteran's compensation for recoupment of his disability severance pay was proper, and thus denied the appeal.

The Board has remanded the case for further action due to an incomplete transcript from a previous hearing. The Veteran is requested to appear at another videoconference hearing.

The Veteran's appeal is being remanded for additional development, including scheduling new VA examinations and issuing a Statement of the Case (SOC) on several claims.

The Board has granted an effective date of May 23, 1994 for the award of service connection for the cause of the Veteran's death due to diabetes mellitus type 2 and ischemic heart disease.

The Veteran's claim for an increased rating for service-connected diabetes mellitus was denied as the current level of disability does not warrant a higher evaluation.

The Veteran's diabetes mellitus was not incurred in or aggravated by active service, nor may it be presumed to have been due to herbicide exposure. The Board found no credible evidence of the Veteran's exposure to herbicides during service and concluded that he did not serve on a ship operating in Vietnam.

The Veteran's claim for higher ratings for type II diabetes mellitus with bilateral cataracts and erectile dysfunction was denied. The initial rating of 20 percent prior to August 16, 2012 and the current rating of 40 percent thereafter were not granted.

The Veteran's peripheral neuropathy of the left lower extremity is not service-connected, as it was not incurred or aggravated by service and is not related to his service-connected diabetes mellitus.,The Veteran's hypertension is also not service-connected, as it was not incurred or aggravated by service and is not related to his service-connected diabetes mellitus and psychiatric disorders.

The Board denied the Veteran's claims for service connection for osteoarthritis, hypertension, COPD, and diabetes mellitus as secondary to his service-connected lumbar spine disability.

The Board has determined that the Veteran's diabetes mellitus, type II, was not incurred or aggravated by service and is not related to his service-connected major depression and/or hypertension. The claim for compensation under 38 U.S.C.A. § 1151 for diabetes mellitus, type II, caused by VA-prescribed medication has also been denied.

The Veteran's diabetes mellitus and diabetic retinopathy have been granted increased ratings, effective June 7, 2013. The hepatitis C claim has also been granted with an effective date of March 5, 2014.

The Veteran's claim for a higher initial rating for diabetes was denied, but his TDIU claim was granted. The Board found that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's diabetes mellitus, type II with erectile dysfunction and peripheral neuropathy of the upper extremities are rated at 30 percent since March 28, 2014. Separate ratings for right and left upper extremity peripheral neuropathy have been granted.

The Board has remanded the case due to the need for additional development, including obtaining Reserve medical records and scheduling a VA examination. The Veteran's eye disability and psychogenic polydipsia are still under consideration.

The Veteran's appeal for an initial rating in excess of 20 percent for his service-connected diabetes mellitus has been dismissed as he and his representative have withdrawn the appeal.