Diabetes decisions — 2016

The Veteran's appeal is being remanded due to the unavailability of a hearing officer who participated in his previous hearing. The case will be returned for further review.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining updated medical records and providing him with VA examinations.

The Veteran's claim for service connection for diabetes mellitus, which is presumed due to herbicide exposure (Agent Orange), remains pending and requires further development.

The Veteran's service-connected disabilities (PTSD and diabetes mellitus) prevent him from securing and following substantially gainful employment, warranting a TDIU.

The Board denied the Veteran's claim for service connection for type II diabetes mellitus, finding that there was no evidence of herbicide exposure during service and insufficient credible evidence to support a finding of herbicide exposure. The Board also found that the Veteran did not meet the criteria for presumptive service connection based on herbicide exposure.

The Veteran's combined disability rating is 80 percent, which meets the schedular requirements for TDIU. However, his service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has remanded the case for further development due to ambiguities in medical evidence and clarification of the Veteran's restrictions on activities related to his diabetes.

The Veteran's Type II diabetes mellitus with secondary tinea pedis and erectile dysfunction is rated at 40 percent since December 8, 2009. The rating reflects the need for insulin, restricted diet, and regulation of activities.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 40 percent for DDD of the lumbar spine and entitlement to a disability rating in excess of 20 percent for diabetes mellitus, type II.

The Board has remanded the case due to outstanding records and a need for further clarification regarding the Veteran's service in the Republic of Vietnam. The claim will be reconsidered after obtaining additional information.

The Veteran's appeal for an earlier effective date prior to August 3, 2000 for the grant of service connection for diabetes mellitus with diabetic retinopathy and carotid stenosis is dismissed as a matter of law.

The Veteran's appeal is being remanded for a videoconference hearing due to his request. Service connection claims for diabetes mellitus type II and non-Q wave myocardial infarction are pending.

The Veteran's diabetes mellitus was not incurred in service and is not otherwise related to his military service.,Peripheral neuropathy of the bilateral lower extremities is not considered secondary to a service-connected condition.

The Veteran's service-connected psychiatric disorder, diabetes mellitus with hypertension, diabetic retinopathy with loss of visual acuity and fields, and erectile dysfunction have rendered him unable to secure or follow substantially gainful employment. Effective January 5, 2011, the Veteran is granted special monthly compensation at the housebound rate due to his service-connected disabilities.

The Veteran's headaches are related to his service-connected cervical spine disability and hypertension.,Service connection for diabetes mellitus, type 2, is granted as it was caused by the Veteran's service.

The Veteran's service-connected disabilities, including diabetes mellitus and arthritis of the left hand, effectively precluded him from securing and following any substantially gainful employment prior to August 6, 2010.

The Board found that the Veteran's end stage renal failure did not result from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The amputation was deemed necessary due to worsening diabetic ulcers and infection.

The Board found that the Veteran's left thigh lipoma was not incurred in or aggravated by his active duty service and denied his claim. The issue of service connection for diabetes mellitus, type II is addressed in a separate decision.

The Board has determined that the Veteran's service-connected disabilities, including his back disability and diabetes mellitus, preclude him from securing and following substantially gainful employment. As a result, TDIU is granted.

The Board has remanded the case for a new VA examination to determine the etiology of the Veteran's sleep apnea and whether it is related to his service-connected diabetes mellitus. The Veteran will be provided with another opportunity to respond.