Diabetes decisions — 2017

The Veteran's diabetes mellitus (DM) is service connected due to herbicide exposure, and his bilateral peripheral neuropathy of the upper and lower extremities are secondary to DM.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury and diabetes mellitus, type II. The Veteran's service treatment records are incomplete, but VA examinations do not support the presence of these conditions.

The Board has determined that the Veteran's neck condition, acquired psychiatric disability, headache disability, and diabetic retinopathy of the right eye are all service-connected based on direct evidence.

The Veteran's erectile dysfunction is found to be related to his service-connected diabetes mellitus. The prostate disorder and skin disorder are not found to be related to the in-service herbicide exposure or service-connected conditions.

The Veteran's service-connected disabilities, including mood disorder with depressive features and left total knee replacement with mild peripheral sensory neuropathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU on a schedular basis.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his diabetes.

The Veteran's claims for increased disability rating for diabetes mellitus and TDIU are being remanded due to the need to obtain SSA records, as well as schedule the Veteran for a videoconference hearing.

The Veteran is found to be unemployable due to service-connected disabilities prior to April 29, 2016.

The Veteran's service-connected disabilities alone do not render him unable to secure and follow any form of substantially gainful employment prior to May 13, 2013.

The Veteran's claim for a compensable disability rating for bilateral hearing loss is denied as there is no evidence of more than noncompensable hearing impairment during the appeal period.,Service connection for type II diabetes mellitus (DMII) and hypertension are not granted as these conditions did not manifest within one year after separation from active service, were not otherwise caused by active service, and do not have a link to herbicide exposure.,The Veteran's stroke residuals are not service connected as they did not have their onset during active service, were not otherwise caused by active service, and are not proximately due to or aggravated by service-connected disability.,Service connection for asbestosis is denied as there is no evidence of its occurrence in service or within an applicable presumptive period.,The claims to reopen the previously denied right knee and left knee disabilities were withdrawn by the Veteran during his hearing, thus these issues are dismissed.

The Board has denied the Veteran's claims for service connection for diabetes, toe disability, psychiatric disorder, left lower extremity sciatic condition, right lower extremity sciatic condition, and fibromyalgia.

The Veteran's claim for service connection for diabetes mellitus, type II was denied as there is no evidence that the condition had its onset in service or within one year of discharge. The Board also found insufficient evidence to link his diagnosed psychiatric disorder, to include PTSD, to his military service.

The Veteran's service-connected diabetes mellitus with erectile dysfunction is currently rated at 20 percent, which requires insulin and a restricted diet. The disability does not meet the criteria for higher ratings due to regulation of activities or complications.

The Veteran's appeal is denied as there is no current diagnosis of a respiratory disorder, and the preponderance of evidence does not support service connection for any of his claimed conditions.

The claims for diabetes mellitus, sinusitis and sleep apnea have been reopened. However, the claim for diabetes mellitus remains denied.,Service connection has been reopened for smoke and dust inhalation (also claimed as bronchitis and lung condition), sinusitis, and obstructive sleep apnea.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's diabetes mellitus was not incurred or aggravated during service and is not related to any in-service event, injury, or disease. The claim for service connection on a presumptive basis due to herbicide exposure is denied as there is no evidence of such exposure.

The Board has remanded the case due to a disagreement with the March 2010 VA opinion that concluded erectile dysfunction was less likely than not caused by or related to diabetes mellitus. The Court found insufficient explanation for why diabetes did not contribute to or worsen erectile dysfunction.

The Veteran's claim for an increased rating for diabetes mellitus type II was denied as there is no evidence of physician-directed restrictions on occupational and recreational activities.,Service connection for hypertension was also denied, with the examiner opining that the hypertension did not result from service-connected diabetes mellitus type II.

The Veteran's residuals of cold injuries to the feet are related to his service. The Board has granted this claim.