Diabetes decisions — 2019

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) due to service-connected disabilities was denied as the evidence did not show that his service-connected conditions alone precluded him from securing and following substantially gainful employment.

The Veteran's claims for service connection are being remanded due to the need to ascertain his ACDUTRA dates and obtain VA treatment records from the West Los Angeles facility.

The Veteran's diabetes mellitus, type II and peripheral neuropathy of the lower extremities are granted service connection based on herbicide exposure. The hypertension claim is remanded for further development.

The Veteran's service-connected disabilities do not render him unable to engage and maintain in substantially gainful employment.

The Board has decided that additional development is needed for the service connection claim for diabetes mellitus, type II including as due to high cholesterol. The Veteran's VA treatment records suggest a diagnosis of diabetes and his service records indicate a diagnosis of hypercholesterolemia in service.

The Veteran's diabetes mellitus II and coronary artery disease are being remanded for further development, including obtaining VA treatment records. Secondary service connection claims for erectile dysfunction, pulmonary condition, breast cancer, and an acquired psychiatric condition (claimed as depression) due to diabetes mellitus II and coronary artery disease are also being remanded. TDIU is being remanded.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, hypertension, Type II diabetes mellitus (diabetes), and folliculitis due to insufficient medical opinions regarding the nature and etiology of these conditions. The AOJ is instructed to obtain additional medical opinions addressing whether each condition is proximately due to or aggravated by service-connected asthma.

The Board denied the Veteran's claims for service connection for a back disorder, hypertension, and diabetes as there is no current diagnosis of these conditions during the pendency of his claim.

The Veteran's lung condition resulting from a VA procedure in April 2012 is not compensable under 38 U.S.C. § 1151, and the cause of death due to heart failure does not meet service connection criteria.

The Veteran's claim for service connection for diabetes mellitus, type II has been dismissed due to the death of the Veteran.

The Veteran's disability compensation benefits were reduced due to incarceration, and an overpayment was created. The appeal is granted as the overpayment was not the fault of the Veteran.

The Veteran's petition to reconsider the claim of entitlement to service connection for a psychiatric disability is granted. The appeal is granted to this extent only, and other claims are remanded.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's need for aid and attendance was established on December 18, 2017, leading to the grant of an improved pension effective that date.

The Veteran's claim for an increased rating for diabetes mellitus II was denied. The RO granted service connection for diabetic nephropathy to include hypertension associated with DM II, peripheral neuropathy of the bilateral upper extremities, erectile dysfunction, and entitlement to special monthly compensation for loss of use of a creative organ.

The Board has dismissed the appellant's claims for service connection for hypertension and diabetes mellitus as he withdrew his appeals on these issues.,The petition to reopen the claim for service connection for an acquired psychiatric disorder is granted, but the specific diagnosis of PTSD or MDD must be determined through a VA examination.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that no service-connected disability was either the principal or a contributory cause of his death.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful occupation prior to March 22, 2010.

The Board has remanded the Veteran's claims for asbestosis, hepatitis C, diabetes mellitus type II (diabetes), and an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) due to incomplete notification of prior decisions and need for additional development.

The Veteran's appeals regarding cataracts, upper extremity peripheral neuropathy, and service connection for a psychiatric disorder were dismissed. The appeal for service connection for the variously diagnosed psychiatric disorder (including PTSD) was granted. The appeal for a rating in excess of 20 percent for diabetes mellitus is remanded.