Diabetes decisions — 2023

The Veteran's ambulance transportation to Baylor Medical Center on March 3, 2014 was approved as it met the criteria for payment or reimbursement under VA regulations. The Veteran had a total and permanent service-connected disability at the time of transport, the ambulance transport was in response to a medical emergency (nosebleed), and there were no feasibly available VA facilities within reasonable distance.

Effective September 26, 2013, the Veteran was granted service connection for type II diabetes mellitus and its related disabilities including diabetic retinopathy, right below the knee amputation status post right foot transmetatarsal amputation (Lisfranc amputation), peripheral neuropathy of both upper and lower extremities, and a scar from the amputation. Special monthly compensation was also awarded based on loss of use of a creative organ.

The Board denied the Veteran's claims of service connection for skin cancer, a respiratory disability (claimed as trouble breathing), type II diabetes mellitus, and bilateral hearing loss. The evidence did not establish current disabilities or link them to service.

The Board has granted service connection for diabetes mellitus, type II, as due to herbicide exposure under the PACT Act. The effective date is not specified because the PACT Act was not in effect at the time of the original claim.

The Board dismissed all issues of service connection and related reopening claims due to the Veteran's death.

The Veteran's diabetes mellitus has been granted a disability rating of 40 percent, effective from the date of this decision. Bilateral cataracts are also service-connected as secondary to his diabetes mellitus.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment consistent with his educational and vocational experience.

The Veteran's income exceeded the maximum annual pension rate, and he was receiving a higher service-connected compensation benefit. Therefore, his appeal for nonservice-connected pension is dismissed as moot.

The Board has remanded the claims of service connection for diabetes mellitus, diabetic peripheral neuropathy, and TDIU prior to December 6, 2022 due to insufficient clarification in the VA examiner's opinion regarding aggravation. The Veteran is also required to complete an application for TDIU and obtain his Social Security Administration records.

The Veteran's Hodgkin's disease, prostate cancer, and diabetes mellitus are granted as presumptively related to herbicide exposure. The claim for skin cancer is denied.

The Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation since January 12, 2021.,The Board has remanded the issues of entitlement to an initial compensable evaluation for asbestosis, service connection for COPD, and TDIU on an extraschedular basis from December 9, 2014 to January 12, 2021.

The Veteran withdrew his appeal regarding the entitlement to a compensable evaluation for bilateral hearing loss.

The Veteran's petition to reopen the previously denied claim of entitlement to service connection for diabetes has been granted. The case is remanded for further development and rating actions.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain a gainful occupation, and his TDIU claim is denied.

The Veteran's lung cancer and type II diabetes mellitus are granted as service connected due to exposure to herbicide agents (including Agent Orange) in Thailand during the Vietnam War era.

The Veteran's claims for service connection for diabetes mellitus and bladder cancer have been reopened, but the evidence does not support a finding of service connection.

The Board has denied service connection for Type II diabetes mellitus, associated kidney disability (claimed as secondary to DM II), hypertension, and obstructive sleep apnea due to lack of evidence supporting an in-service onset or a causal relationship with the Veteran's service.

The appeal for service connection for right median sensorimotor neuropathy, diabetes mellitus, left and right shin splints, cataracts, deviated septum, depression, a right elbow disorder, and a heart disorder has been dismissed.,The claim for service connection for hypertension (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claim for service connection for sleep apnea (secondary to PTSD) has been reopened due to new evidence submitted by the Veteran. The appeal is granted in part.,The claims for service connection for sinusitis and allergic rhinitis have been reopened due to new evidence submitted by the Veteran. The appeals are granted in part.

The Veteran's claims for service connection for various peripheral neuropathies and diabetic retinopathy have been denied as there is no evidence of a nexus between these conditions and his active duty service, including any herbicide exposure.

The Veteran's claims for service connection, higher ratings for his depressive disorder and diabetic nephropathy, and TDIU are being remanded due to the need for additional examinations and evaluations.