Diabetes decisions — 2020

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

The Board has dismissed all pending appeals due to the Veteran's withdrawal of his claims.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the current disability ratings adequately reflected the severity of his service-connected conditions.

The Board has granted the petition to reopen the claim for service connection for the cause of the Veteran's death and determined that it is warranted due to exposure to herbicide agents. The primary cause of death was pancreatic cancer, which the Board found at least in equipoise with being caused by exposure to herbicide agents. Diabetes mellitus, a contributing cause of death, is also associated with exposure to herbicide agents.

The Board denied service connection for various disabilities, including low back and right knee conditions, sleep apnea, cardiovascular disability, gastrointestinal disability (claimed as irritable bowel disease and Crohn's disease), diabetes mellitus type II, and narcolepsy. The claims were remanded for further development regarding a respiratory disability and varicose veins.

The Veteran's diabetes mellitus is currently rated at 20 percent prior to October 22, 2019 and denied for an increased rating. From October 22, 2019, the claim remains in dispute as his condition does not meet the criteria for a higher 40 percent evaluation.

The Board has remanded the claims of increased ratings for diabetes, skin rash, hyperlipidemia, hypertension, nephropathy, erectile dysfunction, and bilateral nuclear cataracts due to new evidence not having been considered.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 due to VA surgery and treatment is remanded because the March 30, 2010 surgical report has not been obtained.

The Board has remanded the cases for further development and consideration, including obtaining a medical opinion regarding the relationship between the Veteran's pancreatic cancer and his service-connected diabetes mellitus.

The Board has remanded the claims for service connection for diabetes mellitus type II, peripheral neuropathy of the left hand, right hand, and left leg due to a duty-to-assist error. The Veteran's exposure to herbicide agents is being verified by the Joint Services Records Research Center.

The Veteran's tinnitus and diabetes mellitus are granted as service-connected due to in-service exposure to herbicide agents.

The Board has granted earlier effective dates of May 19, 2015 for the service connection of right upper extremity, left upper extremity, right lower extremity, and left lower extremity diabetic neuropathy.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2010 to January 15, 2019. However, for the period prior to April 12, 2010, the Veteran does not meet the combined disability rating percentage criteria for a TDIU under 38 C.F.R. § 4.16(a). The case is remanded for referral to VA’s Director of Compensation for consideration under 38 C.F.R. § 4.16(b).

The Board has decided that the Veteran does not have a current right ear hearing loss disability for VA purposes, and therefore service connection is denied. The remaining issues on appeal are remanded for further development.

Your appeal has been dismissed because the Veteran passed away before a decision could be made.

The Board denied service connection for diabetes mellitus, amputation of the left big toe, and amputation of the right leg below the knee. The Veteran's diabetes mellitus was not presumed to be related to his military service due to lack of exposure to herbicide agents.,Service connection for the lower extremity disabilities (left big toe and right leg) could not be granted as they were found to be secondary to the Veteran's service-connected diabetes mellitus.

The Board has determined that the Veteran was exposed to herbicide agents during service at Royal Thai Air Force Base Udorn, which is presumed for Vietnam Era veterans. As a result, the claim for type II diabetes mellitus due to herbicide exposure is granted.

The Veteran's claims for service connection have been granted, with effective dates of May 21, 2018. The RO also assigned a disability rating of 40 percent for mechanical low back pain with lumbosacral strain, degenerative joint and disc disease of the lumbar spine, and intervertebral disc syndrome.

The Veteran's erectile dysfunction is granted as secondary to his service-connected hypertension. The Veteran's ischemic heart disease, diabetes mellitus type 2, and bilateral hearing loss are all rated at the minimum levels allowed by law. The Veteran's PTSD is assigned a rating of 30 percent.

The Veteran's claims for earlier effective dates for service connection for ischemic heart disease and diabetes mellitus type II were denied as there was no prior claim filed within one year of separation from active duty, and the earliest possible effective date is February 24, 2015.