Diabetes decisions — 2023

The Veteran's service connection claims for ischemic heart disease, diabetes mellitus type 2, and peripheral neuropathy of the lower extremities have been granted. The claim for aortic regurgitation/murmur is remanded.

The Veteran's claims for increased ratings and benefits related to his service-connected coronary artery disease and type two diabetes mellitus are remanded due to the need for additional development of private medical records.

The Veteran's claim for service connection for diabetes mellitus type II and associated peripheral neuropathy was granted effective December 17, 2019. The decision also grants the same effective date for the secondary service-connected peripheral neuropathy.

The Board has denied the Veteran's claims for service connection for type II diabetes mellitus, coronary artery disease, hypertension as secondary to type II diabetes mellitus, and arteriosclerotic heart disease. The evidence does not support a finding that these conditions are related to active service.

The Board has remanded the Veteran's claims for a disability rating more than 20 percent for right lower extremity diabetic peripheral neuropathy prior to August 30, 2012; awarded a 40 percent rating for the right lower extremity diabetic peripheral neuropathy from August 30, 2012 and denied a rating more than 40 percent from that date; denied a rating more than 10 percent for left lower extremity diabetic peripheral neuropathy prior to January 23, 2012; and denied a rating more than 20 percent for left lower extremity diabetic peripheral neuropathy from January 23, 2012.

The Veteran's TDIU claim is dismissed as moot because he is already receiving a 100% schedular rating for PTSD and SMC benefits at the housebound rate due to his service-connected disabilities.

The Veteran's kidney cysts are granted service connection, but his claims for kidney stones and kidney disease as well as diabetes mellitus are denied.

The Veteran's service-connected disabilities required him to be in need of regular aid and attendance, leading to the grant of special monthly compensation (SMC) based on the need for aid and attendance (A&A) from February 7, 2018.

The Veteran's appeal for higher ratings for diabetes mellitus and neuropathy with voiding dysfunction was denied. The Veteran's diabetes mellitus did not meet the criteria for a rating in excess of 40 percent, while his neuropathy with voiding dysfunction met the criteria for a 60 percent rating.

The Veteran's death was not caused by a service-connected disability, as there is no evidence of herbicide agent exposure during his military service. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of the appeal by his representative.

The Board has remanded the claims for service connection for sleep apnea, diabetes mellitus type II, hypertension, and a right knee disorder due to lack of current diagnoses in some cases.

The Veteran's diabetes and hypertension claims are pending. The diabetes claim is denied as the hospitalization was not for a period in excess of 21 days, while the hypertension claim is remanded due to lack of recent examination.

The Board has vacated the May 1, 2023 decision denying service connection for diabetes mellitus and nephropathy due to presumptive exposure under the PACT Act. Service connection is granted for diabetes mellitus type II under this presumption. Nephropathy is granted as secondary to the grant of service connection for diabetes mellitus type II. The claims are remanded for further action regarding other theories of service connection.

The Veteran's claim for service connection for diabetes mellitus, type ii, secondary to weight gain due to his service-connected left knee disability is being remanded as the VA examiner did not address whether the Veteran's service-connected condition caused him to become obese and if so, whether it was a substantial factor in causing his current diabetes.

The Veteran's claim for special monthly compensation (SMC) due to being housebound was denied because he does not meet the criteria for SMC Housebound, as his disabilities do not satisfy the requirements of a single 100% service-connected disability and additional disabilities independently ratable at 60% or more.

The Board has remanded the issues of effective dates prior to June 7, 2004 for service connection and entitlement to TDIU due to the appellant's service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities (PTSD and diabetes mellitus) do not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a). However, due to his unemployability due to these conditions, the case is remanded for consideration of a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b).

The Veteran's osteoporosis/osteopenia is caused by his service-connected diabetes mellitus type II, and the Board has granted service connection for this condition on a secondary basis.

The Board has dismissed the Veteran's claims of service connection for various types of peripheral neuropathy and ischemic heart disease due to his death.