Diabetes decisions — 2015

The Veteran's service-connected disabilities, including diabetes mellitus, prostate cancer, ischemic heart disease (IHD), tinnitus, right leg neuropathy, left leg neuropathy, hemorrhoids, scleroderma, left eyebrow scar, and erectile dysfunction (ED) have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU.

The Board has remanded both claims for service connection due to the inadequacies of a September 2011 VA examination report. The Veteran's type II diabetes mellitus claim is being remanded for a new examination, and the circulatory problems of the feet and legs claim will be deferred until the type II diabetes mellitus issue is resolved.

The Veteran's bilateral diabetic retinopathy has been rated at 30 percent since January 31, 2014. The claim for an increased rating is denied.

The Veteran's lung cancer, diabetes mellitus, type II, coronary artery disease, and brain cancer are all found to be related to his service due to exposure to herbicides. The claims for these conditions are therefore granted.

The Board has determined that the Veteran's service-connected diabetes contributed substantially and materially to his death from cardiopulmonary arrest, thus granting service connection for the cause of the Veteran's death.

The Veteran withdrew his appeals for diabetes mellitus, mood disorder with depression and anxiety, and congestive heart failure as a result of exposure to herbicides.

The Veteran's service-connected ulcerative colitis with complications, including anemia, hypertension, thyroid disturbance, and skin involvement, has resulted in pronounced symptoms leading to marked malnutrition, anemia, and general debility. The condition is productive of a 100% disability rating from April 19, 2012 to August 2, 2014.

The Veteran's diabetes mellitus is granted as service connected due to presumed exposure to herbicides during his time in Vietnam.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.

The Veteran's claims for increased ratings have been granted, with the effective date being November 15, 2015.

The Board has remanded the Veteran's claims for further development, including obtaining VA treatment records and SSA disability decision records. The Veteran's lumbar spine claim must be adjudicated on the merits.

The Veteran withdrew all his claims currently on appeal, including those related to type II diabetes mellitus, hypertension, PTSD, diabetic retinopathy, bilateral hearing loss, peripheral neuropathy of the upper and lower extremities. The appeal is dismissed.

The Board found no credible evidence of herbicide exposure and denied the Veteran's claims for service connection for diabetes mellitus, Type II and adenocarcinoma of the colon.

The Veteran's diabetes mellitus requires treatment with insulin and a restricted diet, and his VA medical provider has regulated his occupational and recreational activities due to the severity of the disability. The Board finds that a 40 percent rating is warranted for diabetes mellitus throughout the claims period.

The Veteran's TDIU claim is being remanded for additional examination and medical opinion to assess the impact of his service-connected disabilities on his ability to work.

The Veteran's claim for service connection for type 2 diabetes mellitus, to include as a result of alleged exposure to herbicides in the Republic of Vietnam, is denied. The Board found no credible evidence supporting direct or presumptive service connection.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, type II and peripheral neuropathy of the upper and lower extremities. The claim for a back condition was reopened but remains denied due to lack of in-service injury or incident.

The Board has determined that the Veteran's IHD and type II diabetes mellitus are related to his in-service exposure to herbicide agents, which is presumed for Vietnam Era veterans. The neuropathy of the bilateral lower extremities and erectile dysfunction have not been addressed by the Board.

The Board denied the Veteran's claims for earlier effective dates for his increased ratings of diabetic nephropathy and bilateral lower extremity neuropathy, finding that no increase in disability occurred within one year prior to the claim.

The Veteran's death was caused by acute respiratory distress syndrome due to sepsis and cirrhosis, which were linked to his service-connected PTSD. As a result, the Board has granted service connection for the cause of the Veteran's death.