Diabetes decisions — 2019

The Veteran's claims for service connection have been granted, but the heart disease claim is remanded due to outstanding VA treatment records and need for clarification regarding etiology. The hypertension, stroke residuals, and peripheral neuropathy claims are also remanded.

The Veteran's original claim for service connection for diabetes mellitus, type II, was denied in April 2009. He applied to reopen his claim on January 30, 2012, and additional records were received supporting the reopening of his claim. However, a final rating decision severed service connection for diabetes mellitus, type II, effective November 1, 2017, due to clear and unmistakable error in granting it based on exposure to Agent Orange. The Veteran's appeal for an earlier effective date was denied.

The Board has restored service connection for Type II Diabetes Mellitus, Peripheral Neuropathy of the Right and Left Lower Extremities, and Erectile Dysfunction (secondary to diabetes).

The application to reopen the claim for service connection for an acquired psychiatric disorder is granted. Entitlement to service connection for adjustment disorder is also granted.

The Veteran's asthma, diabetes mellitus with erectile dysfunction, and hypertension are all rated at their current levels. The Board found no evidence to support increased ratings for any of these conditions.

The Board denied an initial rating in excess of 10 percent for service-connected peripheral neuropathy of the bilateral lower extremities, finding that the Veteran's disabilities most closely approximated a 10 percent disability rating.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Memorial Hermann Southwest Hospital (MHSH) from November 6 through November 12, 2012, as VA facilities were feasibly available to the Veteran on that date.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus type II, hypertension, and bilateral peripheral neuropathy of the upper and lower extremities due to Agent Orange exposure. The AOJ is instructed to verify the Veteran's presence in Vietnam and request records from his assigned unit to determine if he was exposed to herbicides. If verified, the claims will be considered under the presumptive provisions for diabetes mellitus type II and VA examinations will be scheduled to assess the relationship between the conditions and Agent Orange exposure.

The Board has determined that the Veteran's death was not reasonably foreseeable and grants DIC benefits under Section 1151 of the U.S. Code.

The Board denied service connection for diabetes mellitus and neuropathy of the bilateral upper and lower extremities, finding no credible evidence linking these conditions to service or post-service treatment.

The Board has decided to remand the cases for further development regarding in-country Vietnam service and its impact on the Veteran's claims of prostate cancer and diabetes mellitus, type II.

The Veteran's application to reopen her claim for service connection for diabetes mellitus, type II was denied as there is no new and material evidence presented.

The Board has granted service connection for blepharitis and irregular pupil due to their aggravation by service-connected conditions, but denied service connection for vitreous degeneration and diabetic retinopathy.

The Board has remanded the Veteran's claims for service connection due to lack of a VA examination and consideration of new evidence. The issues include undiagnosed illness, diabetic retinopathy and retinal detachment (claimed as blindness), sleep apnea, hypertension, kidney failure, and diabetes mellitus.

The Veteran's diabetes mellitus is currently rated at 20 percent, which requires insulin and an oral hypoglycemic agent. The Board found that the evidence did not support a higher rating as it did not show regulation of activities or hospitalizations for ketoacidosis or hypoglycemia.

The Veteran's claims for diabetes mellitus, type II and hypertension were denied as there is no evidence of a disease or injury in service.,The Veteran's claims for right knee disability, right ankle disability, right lower extremity peripheral neuropathy (left foot), left lower extremity peripheral neuropathy (right foot), gout right foot, and gout left foot were also denied as there is no evidence of a disease or injury in service.

The Board denied service connection for Diabetes Mellitus Type II and a rating in excess of 50 percent for Posttraumatic Stress Disorder (PTSD). The Veteran did not have a current diagnosis of DMII, and the record does not contain a recent diagnosis of disability prior to filing the claim. For PTSD, the Board found that the Veteran's symptoms resulted in occupational and social impairment with reduced reliability and productivity.

The Veteran is currently employed part-time as a car salesman and in the recent past was employed part-time as an auto mechanic, consistently earning employment income that exceeds the applicable maximum annual pension rate. The Board found he is not permanently and totally disabled from nonservice-connected disability.

The Board denied the Veteran's claims for earlier effective dates for a 30% rating for pes planus and SMC based on housebound status, finding no clear undebatable error in the original decisions.

The Veteran's claim for a higher rating for diabetes mellitus, type II is denied.,Service connection for erectile dysfunction (claimed as secondary to service-connected diabetes mellitus) is not granted. The request to reopen the claim of service connection for this condition is also denied.,Service connection for tinnitus is denied.,Service connection for multiple sclerosis is denied.,Service connection for sleep apnea is denied.,Service connection for a low back disability is denied.,Service connection for a skin condition is denied.