Diabetes decisions — 2017

The Board finds that the Veteran's death was caused by diabetes, which is presumed to be due to herbicide exposure during service. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's service-connected left hip disability contributed to his death, and the Board finds that this disability is a contributory cause of his death.

The Veteran's combined rating for his service-connected disabilities was 90 percent on February 3, 2011, and he has at least one disability rated higher than 40 percent. The criteria for a TDIU are met due to the Veteran's service-connected disabilities.

The Veteran has withdrawn his appeals regarding the increased ratings for labyrinthitis, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, bilateral glaucoma and cataracts (claimed as eye disorder), type 2 diabetes mellitus with hypertension and erectile dysfunction (ED), and coronary artery disease (CAD).

The Board has granted the Veteran's request for a waiver of overpayment in the amount of $1,046.00 due to financial hardship and undue economic hardship resulting from recovery.

The Board found that the Veteran's current diagnoses of hepatitis C, diabetes mellitus, and hypertension were not incurred in service or related to his active duty. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's appeal of the ratings for bilateral hearing loss and diabetic retinopathy with bilateral cataracts remains pending. The claim for service connection for an acquired psychiatric disorder is also pending.

The Veteran's diabetes mellitus is currently rated at 20 percent, and there is no evidence of additional disability warranting a higher rating.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to assess the Veteran's diabetes mellitus. The issues of entitlement to an increased rating in excess of 20 percent for diabetes mellitus and entitlement to a total disability rating due to individual unemployability are also being addressed.

The Board found that the Veteran's diabetes mellitus, type II, did not warrant a disability rating in excess of 20 percent prior to July 6, 2016 and did not warrant a disability rating in excess of 40 percent on or after July 6, 2016.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to determine if the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment.

The Board has remanded the case for further development to determine if the Veteran was exposed to herbicides in Thailand, which could potentially establish service connection for urosepsis caused by diabetes mellitus.

The Veteran died of atrial fibrillation due to hypertension, and the evidence does not support direct service connection for these conditions.,VA determined that the appellant is not eligible for burial benefits as her net worth was a bar to entitlement.

The Veteran's diabetes mellitus type II has been rated at 20 percent since October 7, 2015. The rating is based on the administration of insulin and dietary regulations.

The Board denied service connection for diabetes mellitus and degenerative disc disease of the lumbar spine, finding no evidence linking these conditions to service or post-service treatment. The Veteran's current diagnoses are presumed unrelated to his military service.

The appellant's claim for benefits under 38 U.S.C.A. § 1815 and § 1805 is denied as she does not have a diagnosis of spina bifida, her mother did not serve in Vietnam, and the law precludes her from receiving these benefits.

The Board has granted an effective date of January 21, 2010 for the grant of service connection for prostate cancer and diabetes mellitus type II. The effective date for diabetes mellitus type II was denied as it is not supported by evidence prior to April 13, 2012.

The Veteran's service connection claims for a psychiatric disorder, diabetes mellitus, hypertension, skin disorder, and left shoulder disorder are granted as they are presumed to be related to his exposure to herbicides during service.

The Board denied service connection for diabetes mellitus as it was not incurred or aggravated by active duty and is not related to herbicide exposure. The Veteran's diabetes was diagnosed many years after service.

The Board denied the claim for an earlier effective date for the grant of service connection for diabetes, finding that no formal or informal claims were filed prior to September 20, 2010.