Diabetes decisions — 2018

The Veteran's prostate cancer, obstructive sleep apnea, bilateral ear hearing loss, respiratory disability, eye condition, and diabetes mellitus, type II are presumed to have been incurred in service due to exposure to herbicide agents during the Vietnam Era.

The Veteran's tinnitus has been assigned a 10 percent rating, the maximum authorized under Diagnostic Code 6260.,The Veteran's bilateral hearing loss disability is rated as noncompensable (zero percent).,Service connection for type II diabetes mellitus and hypertension was not established due to lack of evidence showing onset during service or within one year post-service.,There is no indication that the Veteran has an acquired psychiatric disorder.

The Board has restored the service connection for diabetes mellitus, type II, and found that it was a principal cause of death. The Veteran's claim for service connection for his cause of death is granted.

The Board has determined that the Veteran's kidney disability, including as secondary to service-connected diabetes mellitus type II, cannot be linked to service or a service connected condition and is therefore denied.

The Board denied service connection for diabetes mellitus, type II and its related peripheral neuropathies as the evidence did not support a finding of in-service disease or exposure to herbicides. The Veteran's claims were also denied on secondary basis due to lack of service-connected diabetes.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Veteran's claims for increased ratings, service connection, and special benefits are being remanded due to the need for further examinations and evaluations. The issues include diabetes mellitus, its associated peripheral neuropathies and vascular disease, liver cirrhosis or hepatitis C, hypertension secondary to diabetes, PTSD, and homebound status.

The Veteran's claims for service connection for a back disorder, an acquired psychiatric disorder (anxiety neurosis), a left arm disorder, and a right leg disorder have been granted. The claim for diabetes mellitus, type II remains denied.

The Veteran's PTSD is rated at a 70 percent disability rating effective April 8, 2008. The Veteran also receives a TDIU from December 29, 2009.

The Board has denied the Veteran's claims for earlier effective dates for service connection for PTSD, hearing loss, and tinnitus. The Veteran's claims were not received before May 7, 2010 for PTSD, June 23, 2010 for bilateral hearing loss, and June 23, 2010 for tinnitus.

The Board denied the Veteran's claim for service connection for diabetes mellitus, finding that new and material evidence had not been received to reopen his previous denial. The appeal was also denied on the issue of herbicide exposure in Korea.

The Board has determined that the Veteran does not meet the criteria for service connection for diabetes, Graves' disease, hypertension, sleep apnea, left knee arthritis, or reflux.

The Board has reopened the Veteran's claims for service connection for diabetes mellitus and peripheral neuropathy of both lower extremities based on new evidence showing exposure to herbicide agents in service.,Service connection is granted for diabetes mellitus, type II (DM), as it is presumed due to herbicide agent exposure.

The Veteran's claims for increased ratings for erectile dysfunction and diabetic polyneuropathy of the lower extremities have been denied as there is no evidence of penile deformity or significant impairment in muscle atrophy, reflexes, or sensation that would warrant a higher rating under the applicable VA rating criteria.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records, arranging for VA examinations to assess his service-connected disabilities and any acquired psychiatric disorders, and determining the nature and etiology of any diagnosed eye disorders.

The Board has determined that the Veteran does not have a current disability for diabetes mellitus and his right and left lower extremity disorders are unrelated to service. The claim is denied.

The Veteran's TDIU claim was denied as his combined disability rating did not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) during the relevant appeal period.

The Veteran's service-connected disabilities, including hypertension, diabetes mellitus, peripheral neuropathy, and quadriplegia from a back injury, preclude him from securing or following substantially gainful employment.

The Veteran's service-connected disabilities, including diabetic nephropathy, PTSD, diabetes mellitus with erectile dysfunction, and peripheral neuropathy of both lower extremities, do not render him unable to secure or follow substantially gainful employment.

The Board has granted service connection for diabetes mellitus, but the issues of hypertension, anal/recal abscesses, and a skin disorder secondary to diabetes mellitus are remanded.