Diabetes decisions — 2017

The Veteran's claims for earlier effective dates for service connection for diabetes mellitus and peripheral neuropathy of the left and right lower extremities were denied. The RO assigned May 8, 2001 as the earliest possible effective date based on liberalizing legislation that allowed for presumptive service connection.,The Veteran's original claims for these conditions were received in August 2001, which is after the effective date of the liberalizing law.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 70 percent, which is high enough to warrant TDIU from September 13, 2010 to August 6, 2013. The effective date for service connection for PTSD has been set at June 9, 2010.

The Veteran withdrew his appeals for the issues related to bilateral hearing loss, diabetes mellitus, type II, and anxiety disorder prior to the Board's decision.

The Board finds that the Veteran's pre-existing diabetes mellitus was aggravated by his period of ACDUTRA service from June 8, 2005 to June 12, 2005. Therefore, service connection is granted for this aggravation.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating for diabetic retinopathy prior to June 10, 2011, in excess of 10 percent from June 10, 2011 to May 9, 2016, and a compensable rating thereafter. The Veteran's claims for service connection were also denied.

The Board denied service connection for a low back disorder and diabetes mellitus, type II, as the evidence did not establish that these conditions were incurred or aggravated by active service.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claims for PTSD, diabetes mellitus, heart disability, and arthritis of the bilateral knees are still pending.

The Veteran is found to be unable to obtain and maintain substantially gainful employment due to service-connected disabilities, including diabetes mellitus, type II, right below the knee amputation associated with diabetes mellitus, type II, PTSD, bilateral upper extremity peripheral neuropathy, diabetic retinopathy, right foot ulcer, impotency, and amputation of the right third toe. The Board granted a TDIU based on these service-connected disabilities.

The Veteran withdrew his appeal regarding the issues of entitlement to an initial disability rating in excess of 20 percent for type II diabetes mellitus and service connection for hypertension.

The Veteran's service-connected conditions have been evaluated based on the criteria provided in the rating schedule. The appeal is denied as the evidence does not support a higher disability rating for any of the conditions.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, hypertension, diabetes mellitus type II, stroke, prostate cancer, and erectile dysfunction were denied. The Board found that the evidence did not meet the criteria for service connection in any of these cases.

The Veteran's appeal is being remanded for further development, including scheduling a hearing before the Board.

The Board has remanded the case to the RO for additional development, including obtaining service treatment records and arranging a VA examination. The Veteran's claim of entitlement to service connection for type II diabetes mellitus will be reconsidered based on the new evidence.

The Veteran's claim for an increased rating for diabetes mellitus was denied, but he is currently receiving a TDIU based on his service-connected disabilities. The Board finds that the criteria for a TDIU prior to July 19, 2011 have been met.

The Board has remanded the claims due to incomplete records and further development is needed, including obtaining in-service treatment records from Okinawa.

The Veteran's asthma is found to have had its onset during his period of active service, and the Board grants service connection for asthma. Service connection for diabetes mellitus remains in dispute due to a need for additional development.

The Veteran's diabetes mellitus, type II, is currently rated as 20 percent disabling. The Board finds that the evidence does not support a finding of regulation of activities required for a higher rating under Diagnostic Code 7913. As such, an initial rating in excess of 20 percent for diabetes mellitus, type II, is denied.

The Board has determined that the Veteran was not unemployable due to his service-connected disabilities prior to November 8, 2013. The effective date for a TDIU is therefore denied.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and documents regarding in-service exposure to chemicals and/or herbicides. The Veteran's claims will be re-adjudicated after all requested actions are completed.