Diabetes decisions — 2016

The Board has determined that the Veteran's claimed conditions, including diabetes mellitus, neuropathy of the bilateral lower extremities, and arthritis, are not related to his active duty service. The evidence does not establish exposure to herbicides or any other form of in-service injury or disease that could lead to these conditions.

The Veteran's claims for higher ratings for diabetes mellitus, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy and erectile dysfunction were denied. The initial ratings assigned upon the award of service connection have been found inadequate.

The Board has remanded the TDIU issue due to insufficient development of evidence regarding the Veteran's service-connected disabilities and their impact on his employability. The case is being returned for further action.

The Board found that the Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to February 1, 2011.

The Veteran's diabetes mellitus type II with retinopathy was rated at 20 percent prior to June 2, 2010. From June 2, 2010, the rating was increased to 40 percent.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and he is entitled to separate compensable ratings for hypertension and diabetic kidney disease.

The Board denied service connection for the claimed disabilities, finding that there was no evidence of in-service herbicide exposure or other service-connected conditions.

The Veteran's claims for increased evaluations for diabetes mellitus with erectile dysfunction and peripheral neuropathy of the upper and lower extremities associated with diabetes mellitus are denied as there is no evidence that these conditions meet or approximate the criteria for a higher evaluation.

The Veteran's claim for a disability rating in excess of 20 percent for diabetes mellitus type II with mild induction of cataract and diabetic retinopathy of the right eye and erectile dysfunction was denied. The Board found that there is no evidence showing medically required regulation of activities due to diabetes, thus denying an increased rating. The Veteran's claim for TDIU prior to May 19, 2011 was also denied.

The Veteran's diabetes and peripheral neuropathy of the lower extremities were not found to warrant higher initial ratings based on the evidence provided.

The Veteran's TDIU claim is being remanded for further development, including obtaining a new VA opinion on the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is being remanded to obtain additional information regarding his exposure to herbicides and to determine the relationship between his claimed conditions and service.

The Board has determined that the Veteran sustained an in-service facial laceration resulting in a scar near his right eye, which is now considered service-connected. The issues of diabetes mellitus, type 2 and prostatic hypertrophy are addressed in the REMAND portion of this decision.

The Board denied service connection for CFS and remanded issues of service connection for various other conditions. The case is now being remanded again to provide a VA examination and address the intertwined issues.

The Board finds that the Veteran's current hypertension is not caused or aggravated by his military service, including exposure to Agent Orange, and it is not related to his service-connected diabetes mellitus. Therefore, service connection for hypertension is denied.

The Veteran's appeal has been dismissed due to her withdrawal of the appeal for the issues of entitlement to initial increased ratings for venous stasis hyperpigmentation of the right lower extremity and left lower extremity, evaluated as noncompensably disabling from June 23, 2005, to January 25, 2010, and as 10 percent disabling from January 26, 2010.

The Veteran's service-connected disabilities have been found to preclude him from securing or following a substantially gainful occupation, and he is granted a TDIU effective September 5, 2007.

The Veteran's claims for service connection for various conditions, including diabetes mellitus, coronary artery disease, congestive heart failure, retinopathy, hypertension, edema of the legs and feet, renal failure, neuropathy of the lower extremities, and neuropathy of the upper extremities have all been denied. The appeals are based on secondary service connection claims.

The Veteran died in March 2012 due to congestive heart failure with other significant conditions contributing to death being hypertension and diabetes. The appellant seeks an earlier effective date for the grant of service connection for the cause of the Veteran's death, but the earliest possible effective date is fixed as the first day of the month in which the veteran's death occurred (March 1, 2012).

The Board has ordered additional development to verify the Veteran's presence at Tan Son Nhut Air Base in Vietnam, which could impact his claims for service connection for cardiovascular disorder and diabetes mellitus. The appeal is REMANDED.