Diabetes decisions — 2020

The Board denied the Veteran's appeal because his timely substantive appeal was not received within 60 days of the October 16, 2019 Statement of the Case.

The Board has remanded the case due to inadequate examination and failure of the Veteran to report for a VA examination. The Veteran is required to be provided another VA examination to determine the nature and etiology of his claimed peripheral neuropathy disorder.

The Veteran's claim for an increased disability rating for left lower extremity with diabetic neuropathy is remanded due to the need for a new VA examination and clarification of symptoms attributable to each nerve group.

The Board has remanded the claims for additional development due to incomplete service records and need for further clarification regarding the etiology of the Veteran's acquired psychiatric disability, including PTSD. The VA examiner will be asked to address whether any diagnosed conditions are related to active duty service.

The Board has remanded the claims for service connection for various disabilities due to incomplete development. The Veteran's hypertension is rated at 10 percent, and no higher rating is warranted.

The Board has denied the reopening of multiple previously denied claims for service connection due to lack of new and material evidence. The Veteran's claims were not reopened as there was no evidence linking his current disabilities to his military service.

The appeal seeking attorney fees based on past-due benefits awarded in a July 2019 rating decision is dismissed because the RO has already granted entitlement to attorney fees from those benefits.

The Veteran's diabetes mellitus with retinopathy is rated at 20 percent prior to May 4, 2020 and at 40 percent from that date. The higher rating of 60 percent was not granted due to lack of hospitalizations or frequent visits for diabetic care.

The Board denied the Veteran's claim for service connection for Type II Diabetes Mellitus as there is no current diagnosis of this condition.

The Board denied the Veteran's claim for service connection for diabetes mellitus, finding that it is not related to active service and was not caused or aggravated by a service-connected disability or medications prescribed to treat it.

The Board has remanded the cases for additional development and medical opinions regarding service connection, rating, and TDIU. The Veteran's claims for PTSD, depressive disorder, diabetes, and lumbar spine disability are being reviewed.

The Veteran's type II diabetes mellitus and sleep apnea are granted service connection due to exposure to herbicides during service. Service connection for a psychiatric disorder, other than Major Depressive Disorder (MDD), is also granted.

The Veteran's diabetes with erectile dysfunction and bilateral cataracts is granted an increased rating of 40 percent effective November 16, 2010. The other issues remain denied.

The Board has determined that additional evidentiary development is necessary for the Veteran's claims of entitlement to service connection for various conditions, including lower back condition, jaw condition, diabetes mellitus, hypertension, diabetic neuropathy, and infertility. The AOJ/RO must obtain VA treatment records from 1977 and 1978, as well as VA examination reports from February 1997, November 2007, and January 2008. They are also required to verify the Veteran's claimed exposure to herbicide agents in Okinawa.

The Veteran's hypertension and cerebrovascular accident (claimed as stroke) are granted service connection, with the latter being linked to his pre-existing medical conditions including hypertension, diabetes, and psychiatric disorders.

The Veteran's diabetes mellitus, type II is not service connected as it did not begin during his active duty service and there is no evidence linking the condition to his military service.

The Board has remanded the issues of service connection for various disabilities, including diabetes mellitus, heart disability, peripheral neuropathy, erectile dysfunction, liver disease, low back disability, and sleep apnea, all claimed as secondary to service-connected encephalitis. The remand requires additional medical opinions addressing whether these conditions were aggravated by or caused by the service-connected encephalitis.

The Veteran's acquired psychiatric condition is granted as secondary to service-connected conditions. The neck condition is denied due to lack of in-service injury or disease and no current symptoms.

The Veteran's type II diabetes mellitus and coronary artery disease are granted as service-connected due to exposure to herbicide agents during his time at U-Tapao Royal Thai Air Force Base.

The Veteran's accrued benefits are granted for the remaining unreimbursed amount of $3,643.50 due to his burial and funeral expenses.