Diabetes decisions — 2014

The Veteran's service connection claims for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, chloracne, and Dupuytren's contracture have been granted due to presumed exposure to herbicides during his Vietnam service.

The Veteran's claims for service connection for diabetes mellitus, type II and erectile dysfunction as secondary to diabetes mellitus are being remanded due to the need for additional development regarding his exposure to herbicides in Vietnam.

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment, thus his claim for TDIU is denied.

The Veteran's service connection claims for diabetes mellitus and coronary artery disease are granted due to exposure to herbicides during his military service in Thailand. However, bladder cancer is not considered related to herbicide exposure or service.

The Veteran's service in Korea does not qualify for a presumption of herbicide exposure, and thus he is not entitled to presumptive service connection for type 2 diabetes mellitus. However, the Board finds it at least as likely as not that the Veteran was exposed to herbicides such as Agent Orange during his service in Korea. The VA examiner provided an opinion regarding a direct relationship between the Veteran's diabetes to active service.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim of entitlement to service connection for diabetes mellitus, type II. As the Veteran served in Thailand during the Vietnam era and his duties placed him on or near the air base perimeter, he is presumed to have been exposed to herbicides. Therefore, diabetes mellitus, type II, is presumed to be related to such exposure.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center from June 1, 2011 to June 8, 2011 are now covered by VA as the treatment was for a medical emergency and no other VA facilities were feasibly available.

The Veteran's service-connected PTSD is found to have caused or contributed substantially to his death due to cardiopulmonary arrest, diabetes, and hypertension.

The Veteran's cancer of the larynx is not service-connected as it was not caused by any incident during his military service, including exposure to a fire in Vietnam. The Board finds that there is no evidence linking the cancer to service.,Diabetes mellitus has also not been linked to service and the Veteran did not serve in Vietnam where herbicide exposure would be presumed.

The Board has determined that the Veteran does not currently have diabetes mellitus, and therefore cannot establish service connection for this condition.

The Board has granted an effective date of November 12, 2008 for the grant of service connection for diabetes mellitus type 2.

The Veteran is entitled to a total disability rating based on individual unemployability due to service-connected disabilities since November 1, 2008.

The Board finds that an effective date earlier than June 25, 2012 for the assignment of special monthly compensation (SMC) at the R1 rate is not factually ascertainable.

The Board finds that the Veteran's diabetes mellitus did not manifest during service or within one year of separation from active duty, and there is no evidence to support a finding of herbicide exposure. Therefore, the claim for service connection for diabetes mellitus is denied.

The Veteran's service-connected diabetic retinopathy does not meet the criteria for a compensable rating based on current or prior VA rating criteria.

The Veteran's claim of service connection for restless leg syndrome has been resolved as the September 2011 rating decision granted service connection for peripheral neuropathy of the lower extremities, which includes restless leg syndrome. The effective date is November 2009.

The Veteran's skin disorder, hypertension, and diabetes mellitus were not incurred or aggravated during his active service. The Board found no evidence of current disabilities related to these conditions.

The Veteran's claims for diabetes mellitus type II and prostate cancer residuals are denied as there is no evidence of herbicide exposure in service. The claim for erectile dysfunction secondary to prostate cancer is also denied.

The Veteran's claim for an increased rating of his right inguinal hernia with scar was granted at a 10% disability rating. The service connection for diabetes mellitus type II and hypertension were reopened on new evidence, but the secondary service connection for hypertension was denied.

The Board finds that the Veteran's death was caused by VA care or treatment, and that this care or treatment proximately caused his death. The appellant has provided evidence suggesting that the VA facility failed to timely diagnose and treat a sacral decubitus ulcer, which contributed to the Veteran's death.