Diabetes decisions — 2022

The Board denied the Veteran's claims for earlier effective dates for service connection of diabetic neuropathy of the right and left upper extremities, finding that there was no evidence of a formal or informal claim prior to April 11, 2015.

The Veteran's service-connected MUCMI, including CFS and fibromyalgia, low back disability, DM II, and OSA have been granted.

The Veteran's service-connected disabilities, including coronary artery disease, PTSD, and diabetes, have been shown to preclude substantially gainful employment prior to January 22, 2016. The Board has granted a TDIU based on these conditions.

The Veteran's diabetes mellitus type II is granted as service connected due to presumed exposure to herbicides during his military service.

The Veteran's pituitary and adrenal gland conditions are not service-connected as they are secondary to his service-connected diabetes. The Veteran's hypertension, however, is presumed to be related to herbicide agent exposure.,Service connection for the Veteran's pituitary and adrenal gland conditions is denied, while service connection for his hypertension is granted based on presumptive exposure to herbicide agents.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's exposure to herbicides during service, particularly related to his duties transporting herbicides from Okinawa to Vietnam. The AOJ is instructed to obtain deck logs for ships identified by the Veteran and attempt to verify his alleged participation in activities that may have exposed him to herbicides.

The Veteran's service connection claims for diabetes mellitus, type II and prostate cancer status post surgery are granted due to exposure to herbicide agents during his service in Thailand.

The Board has remanded the claims for SMC and DEA eligibility due to new evidence of need for aid and attendance/housebound status, as well as a need for earlier effective date determination.

The Veteran's death did not result in any accrued benefits due and unpaid, as the retroactive award was for service connection for residuals of stroke, which is not associated with a disease presumptively linked to herbicide exposure. The Appellant does not qualify for accrued benefits as she cannot be considered an eligible survivor.

The Board denied service connection for diabetes mellitus type II and coronary artery disease due to lack of actual exposure to herbicide agents during service. The Veteran's claims were not granted as presumptive under the Agent Orange Act.

The Board has remanded the case due to inadequate medical opinion regarding the earliest possible date of vision worsening and visual field loss.

The Veteran's service connection claims for diabetes mellitus and ischemic heart disease are granted due to presumed exposure to herbicide agents during his service in Thailand.

The Board denied reopening the claim of service connection for diabetes mellitus, Type II due to lack of new and relevant evidence.

The Board has found the VA Centralized Eligibility and Appeals Team (CEAT) review inadequate to support the decision made, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is remanded for an updated CEAT review.

The Veteran's prostate cancer rating was reduced from 100% to 40%, effective June 1, 2020. The reduction was improper and the 100% rating is restored.,Service connection for PTSD was granted with an effective date of April 11, 2012, but no earlier.,SMC pursuant to 38 U.S.C. § 1114(s) from June 1, 2020, is granted.,SMC due to loss of use of a creative organ from December 12, 2019, is denied.,An initial compensable rating for erectile dysfunction is granted and an effective date earlier than December 12, 2019 is sought.,A higher rating for type II diabetes mellitus is requested.

The Board has determined that the Veteran's substantive appeal was timely filed, considering the circumstances of this case. The appeals for increased ratings and service connection remain in the legacy system.

The Veteran's service-connected conditions do not result in the need for regular aid and attendance of another person, nor does he have a need for specially adapted housing or a special home adaptation grant due to his service-connected disabilities.

The Veteran's appeal for service connection for diabetes mellitus, gastroparesis, multiple sclerosis, restless leg syndrome, and obstructive sleep apnea has been dismissed due to the appellant withdrawing his appeal.

The Veteran's diabetes mellitus, left and right lower extremity peripheral neuropathy, and heart disability are granted service connection due to presumed exposure to herbicide agents in Thailand. The Veteran's stroke residuals are also granted service connection.

The Board has granted service connection for diabetes mellitus type II and lung cancer as due to herbicide agent exposure, finding that the evidence is at least in equipoise regarding the Veteran's exposure.