Diabetes decisions — 2020

The Board has remanded the claims for additional development due to incomplete records. The Veteran's service connection claims are pending and will be reconsidered.

The rating reduction from 40 percent to 20 percent for diabetes type II with erectile dysfunction effective May 15, 2013 was improper and the former 40 percent rating is restored.

The Board denied service connection for low back disorder and diabetes mellitus type II, finding no evidence of onset or continuity of symptoms during service. The Veteran's current conditions were not shown to be related to his military service.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking any in-service exposure to asbestos or other conditions to his fatal mesothelioma.

The Veteran's claim for SMC based on the need for aid and attendance is remanded due to incomplete information in his VA Form 21-2680 examination. The case requires a new examination to determine if he needs regular aid and assistance from another person due to service-connected disabilities.

The Veteran's diabetes mellitus and ischemic heart disease are granted as presumptively related to Agent Orange exposure. The claim for vertigo is remanded due to lack of a VA examination.

The Veteran's claim for a higher rating for Type 2 Diabetes Mellitus was denied as his condition did not meet the criteria for a higher rating under Diagnostic Code 7913.

The Veteran's application to reopen the claim for service connection for diabetes mellitus, type II was denied. The application to reopen the claim for sleep apnea was granted. Service connection for sleep apnea as secondary to lumbar strain with degenerative changes and intervertebral disc disease at L4-L5 is granted. A rating in excess of 40 percent for service-connected lumbar strain is remanded, and a right shoulder disability is also remanded.

The Board has granted service connection for major depressive disorder, hypertension, atrial fibrillation, obstructive sleep apnea (OSA), and secondary conditions. The appeal is remanded to determine if the Veteran's headaches are related to his service-connected major depressive disorder.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus type II and coronary artery disease, as these conditions are presumed to be related to herbicide exposure during his service aboard the USS Anderson in the waters near the Republic of Vietnam.

The Veteran's claims for increased evaluations and service connection have been dismissed due to his death.

The Veteran's diabetes is granted service connection due to herbicide agent exposure. His right and left lower extremity peripheral neuropathy are also granted as secondary to his service-connected diabetes. The central nervous system disorder, including essential tremor and Parkinson’s like symptoms, is remanded for further examination.

The Veteran's death was caused by his service-connected coronary artery disease and type II diabetes mellitus, which contributed to the ileus that led to his death. Service connection for the cause of death is granted.

The Veteran was granted TDIU from September 27, 2017. The Board also remanded the case for consideration of extraschedular TDIU prior to that date.

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The appeal is denied for the remaining issues, including high cholesterol, melanoma, hypothyroidism, peripheral neuropathy, kidney disability, heart disability, lumbar degenerative arthritis, PTSD, diabetes mellitus type II, erectile dysfunction, and TDIU.

The Board denied the Veteran's claim for service connection for diabetes, finding that it was not caused or aggravated by his service-connected hepatitis A and that there is no evidence of a direct relationship to service. The appeal is therefore denied.

The Board has decided to remand the claims for type II diabetes mellitus, early-onset peripheral neuropathy, and chloracne or other acneform disease consistent with chloracne due to herbicide exposure. The decision is based on the need for additional development regarding whether the Veteran served within the 12 nautical mile territorial sea of the Republic of Vietnam (RVN).

The Veteran's appeal for a higher rating of PTSD was withdrawn, and his claim for SMC-AA or at housebound rate was denied due to lack of evidence showing he requires regular aid and attendance.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.,The Veteran is seeking a higher rating for his knee conditions, diabetes mellitus, hypertension, lumbar spine disorder, thoracic spine disorder, cervical spine disorder, neurological deficits, carpal tunnel syndrome, obstructive sleep apnea, and acquired psychiatric disorder.

The Board has remanded the Veteran's claims for service connection for diabetes, prostate condition, and peripheral neuropathy of various extremities due to exposure to herbicide agents while serving in Vietnam. The claims are being reviewed on a de novo basis as new evidence was provided by the enactment of the Blue Water Navy Vietnam Veterans Act of 2019.