Diabetes decisions — 2017

The Board has reopened the claims of service connection for an acquired psychiatric disability, cervical spine disability, and lumbar spine disability. The Veteran's acquired psychiatric disability is found to be etiologically related to service. Service connection is granted for these conditions.

The Veteran's death was not caused by a service-connected condition, and there is no evidence that any of his conditions were aggravated by service. The Board finds the VA examiner's opinion more probative than Dr. R.D.'s opinion regarding PTSD contributing to death.

The Board has determined that the Veteran's residuals of an ear injury are service connected. The issues regarding gastrointestinal disability and kidney disease have been remanded for further development.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, Parkinson's disease, erectile dysfunction, and prostate cancer. The issues of whether new and material evidence has been received to reopen previously denied claims for sleep apnea and coronary artery disease are also pending.

The Veteran's type 2 diabetes did not require regulation of his activities, and the respiratory defect and paresis of the left diaphragm residuals of phrenic nerve damage more nearly approximated a 60 percent rating.

The Board has remanded the case for another VA medical opinion to determine if the Veteran's type I diabetes mellitus is related to his presumed Agent Orange exposure during active service.

The Board denied the Veteran's claims of service connection for diabetes mellitus type II, acquired psychiatric disability (claimed as depression and PTSD), hypertension, and headache disorder. The evidence did not establish a nexus between these conditions and his active duty service.

The Veteran's claim for a special monthly compensation (SMC) based on need for aid and attendance is granted. The claims for increased ratings for peripheral neuropathy are denied.

The Veteran is granted SMC by reason of being housebound due to his service-connected disabilities. His diabetes mellitus is rated 20 percent disabling, Parkinson's disease with residuals to include tremors in all extremities with bradykinesia, rigidity, hypokinetic dysarthria, and micrographia is rated 30 percent disabling (effective October 15, 2001), and he has additional service-connected disabilities independently ratable at 60 percent or more. The Veteran's TDIU rating based on Parkinson's disease with residuals to include tremors in all extremities with bradykinesia, rigidity, hypokinetic dysarthria, and micrographia is also granted.

The Board has remanded the case for additional development, including obtaining records from U.S. Naval Air Station Cubi Point and a VA examination to determine if the Veteran's diabetes mellitus is related to his active duty service.

The Board denied the Veteran's claim for service connection for diabetes mellitus type II and denied his secondary service connection claim for an eye disorder. The Veteran was also denied a higher rating for his left shoulder disability.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's valvular heart disease, diabetes mellitus, type II, and right shoulder disability are related to his military service. As such, these conditions have been granted service connection.

The Veteran's claims for service connection for type II and type I diabetes, bilateral hand disability, low back disability, right knee disability, right hip disability, bilateral wrist disability, and neurological disorder of the lower extremities have been denied as there is no evidence of in-service exposure to herbicide agents or a link between these conditions and service. The Veteran's claims for increased rating for onychomycosis and dental disorder are dismissed due to withdrawal by the Veteran.

The Veteran's appeal for increased ratings for coronary artery disease (CAD) has been denied. Prior to June 15, 2016, the criteria for a higher rating have not been met. After June 15, 2016, the criteria for a 60 percent evaluation have not been met.

The Board has determined that a remand is necessary to obtain an adequate VA examination for the Veteran's diabetes mellitus and bilateral lower extremity peripheral neuropathy, as well as to ensure all relevant records are associated with the claims file.

The Veteran's PTSD is rated at 30 percent, while his DM remains at 20 percent. The decision on the TDIU issue and the rating for a lumbar spine disability are pending.

The Board has reopened the claim for service connection for type II diabetes mellitus due to new and material evidence. Given the presumption of exposure to herbicides during service, the Veteran's type II diabetes mellitus is presumed related to such exposure.

The Veteran's service-connected disabilities, including PTSD, IHD, and peripheral neuropathy, rendered him unable to secure or follow substantially gainful employment as of April 30, 2015. Prior to that date, the evidence did not show he was unemployable due to his service-connected conditions.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus, and prostate cancer are granted as they are presumed to be related to herbicide agent exposure during his service in the Republic of Vietnam.

The Board denied the Veteran's claim for TDIU as his notice of disagreement was not timely filed within one year of the July 2009 rating decision.