Diabetes decisions — 2015

The Board has remanded the case for further development to assess the Veteran's employability due to his service-connected disabilities, including PTSD and prostate cancer.

The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus and associated conditions is denied as there was no prior claim filed before August 8, 2011.

The Veteran was granted a TDIU effective April 26, 2009, due to the combined effects of his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for service connection for sleep apnea and a lumbar spine disability, as well as his claim for an increased rating for diabetes mellitus. The Veteran's current 20% rating for diabetes mellitus is upheld.

The Board has determined that the Veteran was exposed to herbicides during service, which is a basis for presumptive service connection for his claimed conditions. The claims are granted.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for diabetes mellitus, and thus the claim is granted.

The Board has determined that additional development is needed to determine the appellant's marital status and whether she was permanently incapable of self-support prior to reaching the age of 18. The case will be remanded for these purposes.

The Veteran withdrew his appeal with respect to the claims for service connection for post-traumatic stress disorder, diabetes mellitus, hypertension, and eye hemorrhages during a July 2015 Board hearing.

The Board has decided that additional development is necessary before the case can be fully adjudicated, including obtaining an opinion from a VA examiner regarding whether the Veteran's polyneuropathy was aggravated by his service-connected diabetes mellitus.

The Veteran's service connection for residuals of a left leg stress fracture is granted. The claims of service connection for diabetes mellitus, hypertension, and low back disability are remanded for additional development.

The Veteran's ischemic heart disease, diabetes mellitus type II, peripheral neuropathies of the bilateral lower extremities, left knee disability, left eye cataract, and psychiatric disorder (PTSD) are all found to be related to his presumed in-service exposure to Agent Orange.

The Veteran's claims for service connection for diabetes mellitus and right leg neuropathy, both of which were diagnosed in 2005, are denied as there is no evidence of their onset during active service or within one year of separation. The Board finds that the preponderance of the evidence does not support a finding of direct service connection.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran's death and granted additional retroactive payment of DIC benefits. The effective date remains September 15, 2006, but $814 in overpayment is added back to the retroactive payments.

The Board dismissed the appellant's appeal for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her withdrawal of the appeal. The issue of service connection for the cause of death remains pending.

The Veteran's initial rating for diabetes mellitus in excess of 10 percent prior to May 13, 2010 is denied. A rating in excess of 20 percent for diabetes from May 13, 2010 is granted and a TDIU is granted.

The Board found that the evidence does not support a finding of service connection for diabetes mellitus, type II due to exposure in service or as secondary to another condition. The claim was denied.

The Board has decided to remand the case for additional development, including obtaining SSA records and VA treatment records. The Veteran's cause of death is being reviewed by a VA examiner to determine whether his service-connected conditions contributed to his death.

The Board has determined that a remand is required to provide the Appellant with another VA examination to assess his employability due to nonservice-connected disabilities, including orthopedic conditions. The appeal will be re-adjudicated after this additional development.

The Veteran's service-connected conditions, including ischemic heart disease, PTSD, type II diabetes mellitus, low back disability, and others, have rendered him unable to secure or maintain substantially gainful employment. The Board finds the evidence in equipoise as to whether he is unemployable due to his disabilities.