Diabetes decisions — 2014

The Veteran's claims are being remanded due to the need for a hearing before a Veterans Law Judge (VLJ) of the Board. The RO must ask the Veteran to clarify his preferred type of hearing and notify him of the date, time, and location if he chooses one.

The Veteran seeks service connection for diabetes mellitus, type II. The Board has remanded the case due to a need to verify herbicide exposure in Korea.

The Board denied the Veteran's claims for service connection for hepatitis B, right ankle disability, left ankle disability, low back disability, hypertension, and diabetes mellitus (DM II). The appeals were decided on a direct basis as there was no indication of any presumptive conditions or exposure to herbicides.

The Board has denied the Veteran's claims for service connection for hypertension and diabetes mellitus, finding no evidence of in-service incurrence or aggravation, or a link between these conditions and his period of service.

The Veteran's type II diabetes mellitus and hypertension are granted as presumptively related to his service in Vietnam, including exposure to Agent Orange.

The Veteran's claim for an earlier effective date for the grant of service connection for Type II Diabetes Mellitus was denied as there is no evidence that he filed a formal or informal request for this benefit prior to July 31, 2009.

The Veteran's current diagnoses of diabetes mellitus, type II and prostate cancer are presumed incurred due to his active duty service.

The Veteran's bilateral hearing loss and tinnitus are service-connected.,The Veteran's tinnitus is service-connected. The Board finds that the Veteran had noise exposure during service which likely contributed to his current condition.,Service connection for a bilateral leg and foot disability (presumed to be a skin disability) is granted as it is presumed due to herbicide exposure in Vietnam, although there is no evidence of such exposure based on the provided information. Service connection for diabetes mellitus and spine disability are not established by the evidence presented.,Service connection for diabetes mellitus is granted as the Veteran has this condition and service treatment records show he was treated for thrombophlebitis during service, which may be related to his current condition.,Service connection for a spine disability is denied as there is no clear and unmistakable evidence that any increase in severity of the preexisting spine disability occurred due to natural progression.

The Veteran's claim for a disability rating in excess of 20 percent for type II diabetes mellitus with associated open angle glaucoma was denied.,The Veteran's request for an effective date earlier than April 2, 2009, for the grant of service connection for type II diabetes mellitus was also denied.

The Veteran's claims for service connection for diabetes, hypertension, kidney transplant, and peripheral neuropathy of the lower extremities have been denied as there is no credible evidence that he served in Vietnam or was exposed to herbicides during his military service.

The Board denied reopening of the claim for service connection for diabetes mellitus due to lack of evidence showing exposure to herbicides in Vietnam and no chronic symptoms or diagnosis during service. The Veteran's current diabetes mellitus is not related to his military service.

The Board has determined that the Veteran's substantive appeal was not timely filed with respect to the October 2009 rating decision denying service connection for diabetes mellitus type II.

The Board finds that the Veteran's condition was an emergent medical emergency, and payment or reimbursement for unauthorized medical expenses incurred on November 15, 2009 at CRMC is warranted.

The Board has remanded the case due to the need for additional VA treatment records, particularly those dated prior to October 2003. The Veteran's claims of service connection for tinnitus and diabetes mellitus type II are pending.

The Board denied service connection for diabetes mellitus, type II and chloracne due to herbicide exposure as the Veteran did not set foot in Vietnam or serve on an inland waterway of Vietnam. The deck logs do not indicate that his ship was present in Vietnam's inland waters.

The Board has determined that the Veteran's right eye cataract is as likely as not caused by his service-connected type II diabetes mellitus. However, there is no evidence linking the bilateral toe ingrown toenails to any service-connected disability.

The Veteran's claims for effective dates prior to June 21, 2010, for the award of service connection for diabetic retinopathy and February 10, 2006, for the award of service connection for peripheral neuropathy of the bilateral upper extremities have been granted.

The Veteran's claims for service connection for diabetes mellitus and an acquired psychiatric disorder (PTSD) were denied as there is no credible evidence of Vietnam service, and the conditions are not shown to be related to military service.

The Veteran's peripheral neuropathy of the right lower extremity is manifested by mild incomplete paralysis with symptoms of numbness, tingling and intermittent pain. The Board finds a separate compensable rating of 10 percent for this condition.

The Veteran's claim for service connection for low back disability has been reopened, but the evidence does not support a finding of service connection.,The Veteran's claim for service connection for right hip disability was previously denied and no new and material evidence has been received to reopen this claim. The claim remains denied.