Diabetes decisions — 2016

The Veteran is precluded from securing or following substantially gainful employment due to his service-connected disabilities, and the Board finds that a TDIU is warranted.

The Veteran's service-connected conditions, including coronary artery disease, PTSD, diabetes mellitus, type II, peripheral neuropathy, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU for the entire rating period on appeal.

The Veteran's service records do not indicate any actual duty or visitation in the Republic of Vietnam. The Board finds no evidence of herbicide exposure and thus cannot grant service connection for diabetes mellitus and coronary artery disease based on such exposure.

The Veteran's initial claim for a higher rating for service-connected type 2 diabetes mellitus with erectile dysfunction and onychomycosis was granted, but the current effective date remains unclear. The Veteran currently receives a 20% rating for his diabetes mellitus condition.

The Veteran's diabetes mellitus and peripheral neuropathy of the lower extremities have been rated at 40 percent since December 10, 2008. The Board found that he met all criteria for a 40 percent rating as of this date.

The Veteran's cause of death was due to alveolar hemorrhage, renal failure, and emphysema. Service connection for these conditions is denied as they are not directly related to service.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for congestive heart failure, and whether new and material evidence had been received to reopen service connection for diabetes mellitus and prostate cancer have become moot.

The Veteran's sleep apnea has not been shown to be related to his service-connected disabilities, and the Board finds that he is not entitled to service connection for this condition. The TDIU claim will be remanded as it is inextricably intertwined with the issue of service connection.

The Board has reopened the claim for service connection for a left ankle disorder and granted it as secondary to the service-connected left knee disability. The claims for type II diabetes mellitus and hypertension have been denied.

The Veteran's appeal is being remanded for additional development, including a VA psychiatric examination to assess PTSD and a diabetes mellitus evaluation. The service connection issue will be reconsidered based on the new evidence.

The Veteran's service-connected disabilities, including diabetes and its complications, have prevented him from obtaining and maintaining any form of gainful employment since May 30, 2007.

The Veteran's diabetes mellitus, type II, is granted as service connection was established due to herbicide exposure in Thailand.,His adjustment disorder with mixed anxiety and depression is granted as it is proximately due to his service-connected disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for asbestosis has been denied. The issues of service connection for type II diabetes, heart condition (also claimed as congestive heart failure), osteoarthritis, hyperlipidemia, and TDIU have not been addressed.

The Board has remanded the case due to inadequate medical opinion and needs further examination.

The Board has determined that the evidence is in equipoise as to whether the Veteran's hypertension is related to his service-connected type II diabetes mellitus and/or chronic kidney disease. As a result, the criteria for secondary service connection have been met.

The Board has remanded the case for further development, including obtaining ship logs from January 1962 to April 1962. The appeal will be returned to the AOJ after this is completed.

The Veteran's diabetes mellitus, type II is granted as a result of herbicide exposure during service. The appeal for an increased rating for PTSD prior to February 15, 2010 and from April 1, 2010 to July 20, 2011 has been withdrawn.

The Board has determined that the Veteran's peripheral neuropathy is not service-connected because it is due to diabetes, which is not a service-connected disability.

The Board has remanded the case for further development, including a VA evaluation by a Vocational Rehabilitation Specialist to determine if the Veteran's service-connected disabilities render him unable to obtain or maintain substantially gainful employment.

The Board has determined that the Veteran's diabetes mellitus type 2 did not have its onset during active service and is not related to such service. The claim for service connection is denied.