Diabetes decisions — 2015

The Board has determined that the Veteran was not exposed to herbicides during active duty service and therefore, his claims for ischemic heart disease, diabetes mellitus, and hypertension are denied as they are not presumed due to herbicide exposure.

The Board denied the Veteran's claims for service connection for diabetes mellitus and ischemic heart disease, finding no new and material evidence to reopen the diabetes claim and denying both conditions as not related to his service or herbicide exposure. The ischemic heart disease claim was also denied.

The Board has denied the Veteran's claim that his substantive appeal was timely filed, as it was received more than 60 days after the date of actual receipt of the SOC and more than one year after the notification of the September 2008 rating decision he had intended to appeal.

The Board has granted service connection for cataracts as secondary to the Veteran's service-connected diabetes mellitus type II, effective April 17, 2015. The earlier effective date claim for adjustment disorder was denied.

The Veteran's service-connected disabilities do not prevent him from maintaining substantially gainful employment, as the VA examinations and Social Security Administration records indicate he is capable of performing sedentary work.

The Veteran's cause of death was granted service connection, but the appellant is seeking additional benefits due to Agent Orange exposure and pain and suffering. The Board finds that these claims are not legally merited as there is no existing disability for which Nehmer or Agent Orange exposure would be applicable.

The Veteran's appeal is being remanded to obtain additional VA medical opinions and examinations for his service-connected conditions, specifically regarding peripheral neuropathy of the bilateral upper extremities as secondary to diabetes mellitus, type II, and an increased rating for PTSD with alcohol abuse.

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the need for a medical opinion and additional development of records.

The Veteran's diabetes mellitus and coronary artery disease are presumed to be due to herbicide exposure in Vietnam. Service connection is granted for these conditions. The Veteran does not have early onset peripheral neuropathy, so service connection cannot be established on a presumptive basis. However, the Board finds that there is no evidence of unremitting symptoms since separation from active duty and thus denies service connection for peripheral neuropathy.

The Veteran's appeal is being remanded for further development, including issuance of a statement of the case and referral to the Director, Compensation and Pension Service for extra-schedular consideration of TDIU.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to May 10, 2011.

The Board has determined that the appellant does not meet the criteria for increased DIC based on the need for regular aid and attendance of another person or at the housebound rate due to her ability to care for herself and protect herself from daily hazards.

The Board has reopened the claims for service connection for diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and a heart condition based on new evidence. However, as there is no confirmed exposure to herbicides or other Agent Orange-like agents during service, and no in-service symptoms or diagnoses related to these conditions, the Board finds that service connection cannot be granted.

The Veteran's initial ratings for left facial spasm, porphyria cutanea tarda with diabetic skin complications of tinea pedis and tinea cruris, PTSD and depression, and bilateral hearing loss were denied. The maximum schedular rating was assigned for the skin conditions.

The Board finds that the Veteran served near the perimeter of the Royal Thai Air Force Base in Korat, Thailand and therefore exposure to herbicides is conceded. Service connection for diabetes mellitus type 2, due to herbicide exposure, is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling VA examinations to assess the severity of his service-connected PTSD and diabetes mellitus.

The Board found that the Veteran did not have exposure to herbicides in Vietnam, and thus could not establish service connection for his claimed conditions based on herbicide exposure. The Veteran's diabetes mellitus type II and ischemic heart disease were not shown during service or within one year of separation, and there is no evidence linking these conditions to active service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of diabetes mellitus, resulting in a grant of this issue.

The Board has determined that the Veteran's residuals of left foot fractures and diabetes mellitus are related to her service-connected conditions, specifically her left ankle strain and bronchial asthma. Therefore, both claims for service connection have been granted.

The Board has determined that the Veteran's death was due to a disability of service origins, and therefore service connection for the cause of the Veteran's death is granted.