Diabetes decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient evidence showing he is unable to secure and follow substantially gainful employment because of his service-connected disabilities.

The Board has determined that the Veteran's service-connected disabilities precluded him from securing and following substantially gainful employment prior to June 25, 2014, for accrued benefits purposes. The decision grants entitlement to TDIU on an extraschedular basis.

The Veteran's diabetes mellitus is rated at 40 percent, which requires insulin and a restricted diet with regulation of activities. The condition does not meet the criteria for higher ratings due to lack of episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.

The Veteran's prostate cancer, type II diabetes mellitus, and left ear hearing loss are all granted service connection due to exposure to herbicide agents in Korea. However, the right ear hearing loss is denied as there is no current disability meeting VA criteria for hearing loss. The tinnitus claim is also granted as it is related to the now-service-connected left ear hearing loss.

The Board has determined that service connection cannot be granted for hypercholesterolemia as it is not a disability. The Veteran's claims for diabetes mellitus, heart disability, hypertension, and peripheral arterial disease are remanded due to the need for additional medical opinions regarding their etiology.

The Veteran's diabetes mellitus type II is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. The Veteran does not require regulation of activities due to his diabetes. For TDIU, the Veteran has multiple service-connected disabilities but they do not prevent him from securing or following substantially gainful employment.

The Board denied the Veteran's claim for service connection for type II diabetes mellitus, finding that there was no evidence of herbicide exposure during service and insufficient evidence to establish a link between the current condition and service.

The Veteran was granted TDIU from January 31, 2020 to June 28, 2021 due to his service-connected disabilities. Prior to that date and after June 28, 2021, the Veteran's combined disability rating is 100%.

The Veteran is granted a TDIU for the entire period prior to December 17, 2019 due to his service-connected disabilities making it at least as likely as not that he is unable to secure or follow a substantially gainful occupation.

The Veteran's diabetes mellitus is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted. Additionally, the TDIU claim is being remanded due to the Veteran's testimony indicating his service-connected disabilities have caused unemployability.

The Veteran's left ankle disability has been rated as 20 percent disabling since May 13, 2011. As of November 22, 2021, he is granted a separate 30 percent rating for complete paralysis of the musculocutaneous (superficial peroneal) nerve under Diagnostic Code 8522.

The Board has remanded the claims for increased rating for diabetes mellitus, type II and secondary service connection for hypertension as secondary to service-connected diabetes mellitus, type II. The TDIU claim is also remanded.

The Board has denied the Veteran's claims for service connection for diabetes and various types of neuropathy in all extremities, finding that there is no evidence linking these conditions to his military service or any exposure to herbicide agents or water contaminants at Camp Lejeune.

The Veteran's service at Udorn RTAFB in Thailand during the Vietnam era is presumed to have exposed him to herbicides. His current diagnosis of diabetes mellitus, type 2, supports his claim for service connection as due to herbicide exposure.

The Board has remanded the Veteran's claims for service connection for various conditions, including thyroid disability, psychiatric disorder, bilateral knee disabilities, avitaminosis, hypertension, diabetes mellitus type II, and arthritis. The claims are being remanded to allow for further development of evidence related to these intertwined claims.

The Board has remanded the claims for diabetes mellitus, type II, heart disability, and hypertension due to incomplete development of evidence and potential exposure to herbicide agents.

The claims for service connection and a higher rating for the veteran's conditions have been dismissed due to his death.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical examinations. The issues include lumbar spine, knee, ankle, colon cancer, kidney disability (chronic renal failure), and Type II diabetes mellitus.

The Veteran's claim for service connection for diabetes mellitus, type II was reopened due to new and material evidence. The Board found that the Veteran may have been exposed to herbicide agents during his service at Andersen Air Force Base in Guam, which is not considered presumptive under VA regulations. Therefore, the claim for service connection for diabetes mellitus, type II is granted.

The Veteran's diabetes mellitus with erectile dysfunction is granted for the entire appeal period, and a rating of 40 percent is assigned. Other claims are either denied or remanded.