Diabetes decisions — 2022

The Board denied service connection for diabetes mellitus and remanded the claims of service connection for bronchial asthma with chronic obstructive pulmonary disease, a back disability, and residuals of a head injury. The claim for service connection for diabetes was denied due to lack of in-service event or disease, no herbicide exposure during service, and insufficient evidence linking current diabetes to service.

The Board has granted service connection for diabetes mellitus, type II to include as secondary to the Veteran's service-connected disabilities. The heart disorders claim is remanded.

The Veteran's service-connected disabilities, including Parkinson's Disease and Alzheimer's Disease, rendered him unable to care for himself without regular aid and attendance from his wife.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD was denied. The Board found that the Veteran's symptoms did not meet the criteria for a higher disability rating.,The Veteran's claim for a rating in excess of 20 percent for diabetes mellitus type II was denied. The record does not show that he requires one or more daily injection of insulin, which is required for a higher rating.,Prior to September 23, 2019, the Veteran's TDIU claim was denied on schedular grounds as his combined disability rating did not meet the criteria for a total rating. The Director of Compensation Service determined that the evidence does not support an extraschedular TDIU prior to this date.

The Board denied service connection for heart disorder, diabetes mellitus type II, skin disorder, and fibromyalgia with chronic fatigue as the evidence did not support a finding that these conditions began during service or were related to in-service events.

The Board has remanded the cases due to incomplete development of the Veteran's Reserve service records, specifically his active-duty training in the summer of 1996. The VA will need to verify these periods and obtain any related service treatment records before obtaining medical opinions on the nature and likely etiology of the sleep apnea, hypertension, and diabetes mellitus.

The Board has determined that additional evidence is needed to determine if the Veteran served in Vietnam or Laos, which could affect his claims for service connection. The case will be returned to the AOJ for further development.

The Board has found that additional evidence was added to the record after certification to the Board and remanded the claims for further development. The Veteran's appeal is now pending with the RO, which must consider all of the evidence of record in an appropriate supplemental statement of the case.

The Veteran's hypertension and diabetes mellitus were diagnosed within one year of separation from service, meeting the criteria for direct service connection.

The Veteran's diabetes mellitus, type II, is granted as presumptively due to herbicide agent exposure during service. The claim for bilateral hip disability secondary to service-connected knee disabilities is remanded.

The Veteran's CLL, diabetes, GVHD of the lips, and bilateral neuropathy are granted as service-connected due to presumed exposure to herbicide agents during his service in Okinawa. The Board found reasonable doubt in favor of the appellant for all conditions.

The Board has determined that the Veteran's death was caused by multiple conditions, and it is unclear if any of these were service-connected. The case is being remanded to obtain additional information regarding possible exposure to herbicide agents during active service.

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment, leading to a TDIU. The appeal for obstructive sleep apnea is remanded due to the need for an addendum opinion.

The Board denied the Veteran's claims for effective dates prior to October 2, 2019, for service connection of diabetic peripheral neuropathy of the bilateral upper and lower extremities. The Veteran also had his eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 denied due to not meeting the permanent total service-connected disability requirement.

The Veteran's prostate cancer residuals are not entitled to a higher disability rating than currently assigned. The restoration of the 20 percent ratings for diabetic peripheral neuropathy of the femoral nerve in both lower extremities is granted.

The Veteran's claim for a rating in excess of 10 percent for ischemic heart disease (IHD)/coronary artery disease (CAD) on an accrued benefits basis is denied. A 100 percent rating for non-Hodgkin's lymphoma (NHL)/B-cell lymphoma is granted. The Veteran's claim for a compensable disability rating for erectile dysfunction (ED) on an accrued benefits basis is denied. The Veteran's claim for a rating in excess of 20 percent for diabetes mellitus, type II, on an accrued benefits basis is denied.

The Veteran's appeals for effective dates and ratings have been dismissed as he has withdrawn all his pending appeals before the Board of Veterans' Appeals.

An effective date of July 18, 2018 is granted for the grant of a 40 percent rating for diabetic peripheral neuropathy of the right and left lower extremities and right upper extremity, as well as a 30 percent rating for diabetic peripheral neuropathy of the left upper extremity.,An effective date of July 3, 2019 is granted for the grant of TDIU (Total Disability Rating Based on Individual Unemployability).

The Veteran's service-connected PTSD and diabetes mellitus type II preclude him from securing and following a substantially gainful occupation, leading to the grant of TDIU.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to herbicide agents during service. The AOJ is instructed to verify whether the Veteran handled parts from aircraft that had flown over Vietnam, and if so, whether this would have exposed him to herbicides.