Diabetes decisions — 2022

The Board denied service connection for diabetes mellitus, type II; anemia; back disability; bilateral foot disability including pes planus and right bunion. The issues of service connection for eye disability, acquired psychiatric disorder, and insomnia were also denied.

The Veteran's claim for an effective date prior to August 4, 2014, for the award of special monthly compensation (SMC) based on the need for aid and attendance was denied. The Board found that it was not factually ascertainable prior to August 4, 2014, that the Veteran met the criteria for SMC.

The Board has determined that the claims for increased evaluations and TDIU are remanded due to inadequate examinations and need for updated treatment records.

The Veteran's claims for service connection for diabetes mellitus and hypertension are denied as there is no evidence of a direct relationship to his military service, including exposure to herbicides. The Board found that the Veteran did not have an in-service diagnosis or treatment for these conditions.

The Board has remanded several claims, including those for increased ratings and TDIU prior to March 10, 2015, as well as earlier effective dates for DEA and SMC. The Veteran's VA Form 21-4142 was not properly processed due to a pre-decisional duty-to-assist error.

An effective date of December 15, 2008 is granted for the award of service connection for diabetes mellitus.,An effective date of February 26, 2009 is granted for the award of service connection for residual scar, spindle cell sarcoma removal, scalp associated with herbicide exposure.

The Veteran's diabetes mellitus, type II, is related to his active service and herbicide exposure during his temporary duty in Vietnam. The Board granted the claim based on presumed exposure to herbicides.

The Board has remanded the claims for service connection for diabetes mellitus type II, left foot pes planus, and right foot pes planus due to a pre-decisional error in not obtaining an adequate medical opinion regarding whether the Veteran's PTSD caused or aggravated his diabetes. The VA examiner is also asked to determine if the Veteran's bilateral pes planus was clearly and unmistakably not worsened during service.

The Veteran's service connection claims for diabetes mellitus and ischemic heart disease (claimed as coronary artery disease) are granted due to presumed exposure to herbicides during his service in Thailand.

The Board has remanded the claims for service connection for diabetic peripheral neuropathy in both upper and lower extremities due to a duty to assist error.

The Board denied the Veteran's claims for service connection for diabetes mellitus, prostate cancer, and coronary artery disease, including as due to in-service exposure to an herbicide agent. The evidence did not support finding that his active service unit was among those units presumed exposed to an herbicide agent.

The Veteran's service-connected bilateral hearing loss is granted with a 20% rating effective April 22, 2014. Service connection for diabetes mellitus and bladder cancer are also granted due to in-service herbicide exposure.

The Board denied an earlier effective date for the grant of service connection for diabetes mellitus, type II and remanded the issue of a rating in excess of 20 percent.

The Board denied service connection for COPD, diabetes mellitus, cardiovascular disability, and kidney disability. The case is being remanded to obtain additional opinions on the relationship between the Veteran's DM and PTSD.

The Board has remanded the Veteran's claims for prostate cancer residuals, Cushing's syndrome, CAD, hypertension, and DMII due to exposure to various chemicals during service. The AOJ is directed to verify the Veteran's reported exposures and obtain VA opinions regarding the nature and etiology of his disabilities.

The Board has remanded the cases for further development and consideration, including obtaining updated VA and private treatment records as well as any relevant Social Security Administration disability benefits records.

The Board has decided to remand the Veteran's claims for service connection for a back disorder, sleep apnea, and diabetes as due to service-connected ischemic heart disease (IHD) due to insufficient medical opinions regarding the onset of these conditions during or related to service.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to his service-connected PTSD is denied. The Board found that he does not meet the criteria as he did not have a constant need for aid and attendance, primarily due to his nonservice-connected back disability.

The Veteran's appeal for increased ratings was denied for CAD in the period prior to January 9, 2018, and from January 9, 2018 to November 1, 2019. A 60 percent rating is granted for CAD beginning November 1, 2019. The Veteran's major depressive disorder is rated at 100 percent effective March 23, 2018. SMC based on housebound criteria and TDIU are also granted.

The Veteran's diabetes mellitus and ischemic heart disease are granted service connection due to presumed exposure to herbicide agents during his service at U-Tapao RTAFB in Thailand. The PACT Act of 2022 extends this presumption for veterans who served in Thailand between January 9, 1962, and June 30, 1976.