Diabetes decisions — 2015

The Veteran's claims of service connection for major depressive disorder and diabetes mellitus, type II are being remanded due to the need for additional examinations and development of records.

The Veteran's appeal has been withdrawn by his representative in conjunction with the Veteran, and therefore all appeals are dismissed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to Agent Orange and the dates of any use, storage or disposal of dioxins at Norton Air Force Base. The Veteran is also requested to provide records from all VA and non-VA health care providers who have treated him for hypertension or diabetes since service.

The Board has determined that the Veteran's diabetes mellitus and spine disorder are not related to his military service, and thus denied both claims.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's hypertension is not service-connected, but his diabetes mellitus, type II, which he contends caused or aggravated his hypertension, has been granted a 40 percent disability rating effective January 5, 2006. The right lower extremity disability resulting from a stroke and peripheral neuropathy was rated at 60 percent prior to December 5, 2014, but the Veteran's claim for an increased rating remains denied.

The Veteran has appealed the effective dates for various ratings, but not all issues have been timely appealed. The appeal is mixed as some issues are granted and others are denied.

The Veteran's diabetes mellitus, type II, and prostate cancer were not incurred in or aggravated by service. The Board found no evidence of herbicide exposure during service and the current disabilities are not related to service.

The Veteran's claims for service connection for hypertension, diabetes mellitus, and an eye disability have been denied as there is no evidence of these conditions during or within one year after his service. The Board finds that the preponderance of the evidence does not support a finding that any of these conditions are related to his military service.

The Board has determined that the Veteran's diabetes mellitus, which is presumed to be due to herbicide exposure during service, contributed to his death. As such, the claim of service connection for the cause of death is granted.

The Board has remanded the case due to inextricably intertwined issues and additional development is needed before a decision can be reached.

The Veteran's service-connected diabetes mellitus is manifested by insulin dependence, a restricted diet, and poorly controlled blood sugar between December 19, 2011, and July 21, 2012. The disability does not meet the criteria for a higher rating.

The Veteran's appeal is denied as his service-connected right elbow bursitis, left ankle fracture, diabetes mellitus, peripheral neuropathy of the right and left lower extremities do not warrant a higher disability rating. The claim for TDIU due to service-connected disabilities is granted effective from August 1, 2008.

The Board has determined that additional development is necessary before the claim can be adjudicated, including seeking an opinion from a suitably qualified environmental toxicologist regarding potential exposure to herbicides during service on the USS Ozbourn. The Veteran's diabetes mellitus, type II, will need to be evaluated for its relationship to any such exposure.

The Board denied service connection for diabetes mellitus and melanoma, finding that the Veteran did not serve in Vietnam or have exposure to herbicides. The conditions were not chronic in service, did not manifest within one year of separation, and are not etiologically related to service.

The Board has determined that a timely Notice of Disagreement (NOD) was received with regard to the September 2006 and October 2006 rating decisions, which denied service connection for various conditions. The appeal is now remanded for issuance of a Statement of the Case regarding these issues.

The Veteran's PTSD is currently rated at 70 percent, effective July 24, 2006. The Board has also granted a TDIU for the period from February 18, 2012 to January 2013.

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

The Board denied the Veteran's claims for service connection for diabetes mellitus and sleep apnea, finding that there was no evidence of herbicide exposure in Vietnam or Thailand. The Board also found insufficient evidence to establish a nexus between current disabilities and service.

The Board has determined that the Veteran's current cardiovascular disability, joint pain, and diabetes mellitus, type II, were not incurred in or aggravated by active military service.