Diabetes decisions — 2017

The Veteran's diabetes mellitus was not related to his military service and the Board denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling examinations to address the nature and etiology of his sleep apnea, cervical spine disability, neurological conditions, and bilateral eye pterygium.

The Veteran's claim for service connection for diabetes mellitus was received on March 2, 1988. As the condition is a covered herbicide disease and he served in Vietnam, the effective date of his award is set to March 2, 1988.

The Board denied the Veteran's claims for an increased rating for his low back disability and service connection for type II diabetes mellitus. The examiner concluded that DM was less likely than not incurred in or caused by service, including exposure to pesticides.

The Veteran's death was caused by severe anoxic encephalopathy with underlying causes of respiratory failure and status post cardiopulmonary arrest. His service-connected diabetes mellitus, type II, associated with herbicidal agent exposure, did not cause or substantially contribute to his death.

The Veteran's death was due to hypertension, which is a covered herbicide disease. The appellant filed for DIC benefits within one year of the Veteran's death and received them with an effective date of July 1, 1982. Retroactive benefits under Nehmer v. United States Department of Veterans Affairs are denied as there were no pending claims at the time of the Veteran's death.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted TDIU.

The Veteran's claim for service connection for diabetes mellitus, type 2 was denied as there is no evidence of in-service exposure to herbicides and the condition did not manifest within one year of separation from service.

The Board has determined that the Veteran does not have diabetes mellitus related to service and therefore denied his claim for service connection. The reduction in rating for peripheral vestibular lesion, left ear was improper, and the original 30 percent rating is restored.

The Veteran withdrew his appeal for the claims of service connection for a back disability, sleep apnea, and diabetes mellitus, type II during his March 2017 hearing. The claim for a compensable initial disability rating for bilateral hearing loss is being remanded.

The Board has determined that the Veteran's service-connected diabetes mellitus, type II contributed substantially or materially to his death from respiratory failure, pneumonia, and COPD. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted presumptive service connection for conditions due to exposure to herbicides, including Agent Orange.

The Board has remanded the case for additional development and readjudication due to issues related to service connection for diabetes mellitus, hypertension, and TDIU.

The Veteran is entitled to a rating of 20 percent for diabetic neuropathy of the right lower extremity prior to April 11, 2014.

The Veteran's claim for a higher rating for diabetes mellitus was denied, and his claim for an initial compensable disability rating for erectile dysfunction is pending. The Board found that the criteria for a higher rating under Diagnostic Code 7913 were not met.

The Board found that none of the Veteran's claimed conditions are related to his service as an ART in the Air Force Reserve, and thus denied all claims for service connection.

The Board found that the Veteran's diabetes mellitus, type 2, and gastrointestinal disorder (manifested as chronic diarrhea) did not meet the criteria for service connection. The Board concluded that there was no evidence of a nexus between these conditions and service or any service-connected disability.

The Veteran's TDIU claim is being remanded due to the need for additional development, including a vocational rehabilitation examination.

The Veteran's diabetes mellitus, type II, with erectile dysfunction, cataracts, and onychomycosis has been rated at 40 percent since October 29, 2008. The Veteran's right upper extremity diabetic peripheral neuropathy is rated at 20 percent, while his left upper extremity diabetic peripheral neuropathy is also rated at 20 percent.

The Board has remanded the case for additional development, including scheduling a videoconference hearing and obtaining an addendum opinion from a VA psychologist or psychiatrist regarding the Veteran's acquired psychiatric disorders.