Diabetes decisions — 2015

The Board denied the Veteran's claims of service connection for diabetes mellitus, type II, a neck disability, a right hand disability, and asbestosis due to lack of evidence linking these conditions to his active service.

The Veteran's initial 20 percent rating for diabetes mellitus, type II, remains unchanged. The Board has found that there is evidence demonstrating the disability has worsened and requires a remand to provide the Veteran with a thorough and contemporaneous examination.

The Veteran's service-connected type II diabetes mellitus with erectile dysfunction requires insulin and a restricted diet, but not regulation of activities. The claim for an increased evaluation is denied.

The Veteran's diabetes mellitus was first diagnosed within one year of his separation from active duty service, meeting the criteria for presumptive service connection.

The Veteran's service-connected diabetic peripheral neuropathy of the right and left upper extremities is rated at 40 percent, effective December 12, 2014.

The Veteran's claim for a compensable rating for hemorrhoids was denied due to failure to report for VA examinations. The claim of service connection for diabetes mellitus, type II, on the basis of herbicide exposure is denied as new and material evidence has not been received. Service connection for renal disability, vision impairment, and anemia are also denied.

The Veteran's claims for earlier effective dates for service connection are denied as the earliest assignable date is September 11, 2009.

The Veteran meets the schedular criteria for a TDIU due to his service-connected PTSD, which prevents him from securing and following substantially gainful employment.

The Veteran's diabetes mellitus was rated at the maximum schedular rating since November 28, 2012. Prior to that date, a higher rating is not warranted as his diabetes did not require medically prescribed regulation of activities.,For nephropathy with edema and hypertension, the criteria for a 60 percent disability rating were met prior to November 28, 2012. Since then, no higher ratings are warranted due to lack of evidence showing persistent edema or albuminuria with BUN levels above 40-80mg% or creatinine levels above 4-8mg%.,The Veteran's gout was rated at the maximum schedular rating since November 28, 2012. Prior to that date, a higher rating is not warranted as his gout did not manifest consistent limitation of motion, unintentional weight loss, anemia, incapacitating exacerbations or total incapacity.

The Veteran's claim of service connection for gout, as secondary to his service-connected diabetes mellitus, is being remanded due to the need for a medical opinion addressing whether diabetes caused or aggravated gout.

The Board has determined that the Veteran's erectile dysfunction was caused by his service-connected pancreatic cancer and chemotherapy, and thus grants service connection for this condition.

The Board has granted service connection for hypertension as being related to the Veteran's service-connected diabetes mellitus and diabetic nephropathy.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for diabetes mellitus, including obtaining VA treatment records and arranging for a medical examination.

The Veteran's fatigue, joint swelling, and chronic joint pain are presumed to have been incurred during his service in the Persian Gulf War.,Service connection is granted for these conditions.

The Veteran's claims for service connection for skin cancer, erectile dysfunction as secondary to diabetes, and peripheral neuropathy of the upper and lower extremities are all granted. However, there is no current diagnosis or residuals of skin cancer, and the Board finds that the Veteran's erectile dysfunction and peripheral neuropathy are related to his service-connected diabetes.

The Board found that the Veteran's diagnosed PTSD is causally related to his in-service military stressors and granted service connection for PTSD. The heart disease was not linked to service, but the erectile dysfunction secondary to medications for PTSD was also granted.

The Veteran's claim for additional special monthly compensation under 38 U.S.C. § 1114(o) and 38 U.S.C. § 1114(r)(1) was denied as he does not meet the criteria for SMC under 38 U.S.C. § 1114(o).

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Board has reopened the Veteran's claim for service connection for a kidney condition and granted it. Service connection was also granted for diabetes mellitus, type II, due to herbicide exposure. The claims for left lower extremity amputation as secondary to diabetes mellitus, type II; right lower extremity amputation as secondary to diabetes mellitus, type II; and an eye condition as secondary to diabetes mellitus, type II are also granted.

The Board has remanded the case for further development due to new VA treatment records received after the March 2015 supplemental statement of the case.