Diabetes decisions — 2023

The Board has remanded the claims for separate ratings for bilateral upper extremity diabetic peripheral neuropathy of the radial and ulnar nerves due to insufficient evidence. The TDIU claim is also remanded as it may be significantly impacted by the outcome of the rating issue.

The Board has dismissed the Veteran's appeals for increased ratings of his right and left ankle disabilities. The issues of whether new and material evidence was submitted to reopen a claim for service connection for a right eye injury, service connection for diabetes mellitus, and entitlement to increased ratings for knee and migraine headaches are remanded.

The Board has decided to remand the case due to non-compliance with previous directives and needs additional development, including obtaining specific dates of ACDUTRA and INACDUTRA for the decedent's National Guard service. The VA also needs to obtain another medical opinion regarding the nature and etiology of the decedent's cause of death.

The Board has denied the Veteran's appeals for service connection of diabetes mellitus, hypertension, arthritis of the left shoulder, arthritis of the back, right wrist carpal tunnel syndrome, kidney condition, bladder condition, testicle condition, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy. The evidence received since the June 2014 rating decision is not new and material.

The Veteran's service connection claims for diabetes mellitus, diabetic neuropathy of the left and right lower extremities, and hypertension have been granted. Service connection is denied for hypertension.

The Board has remanded the claims for service connection due to in-service exposure to herbicide agents, as well as the claim for special monthly compensation (SMC) based on need for aid and attendance or being housebound. The AOJ is instructed to attempt verification of the Veteran's claimed service in Vietnam from December 1968 to May 1969 and his exposure to herbicide agents at MCAS El Toro, California.

The Board has granted service connection for a cardiac disorder as secondary to diabetes mellitus, type II. The Veteran's claim for a compensable disability rating for malaria and service connection for an eye disorder are remanded for further development.

The Veteran's appeals for effective dates and disability ratings have been withdrawn.,A new and material evidence has been received to reopen the previously denied claim of service connection for an acquired psychiatric disorder (claimed as posttraumatic stress disorder).

The Veteran's petition to reopen his claims for service connection for diabetes and prostate cancer was granted. Diabetes is now considered service-connected due to presumed exposure to herbicide agents, while prostate cancer is secondary to bladder cancer.

The appeal for service connection for type II diabetes mellitus is dismissed as the Veteran has already been awarded this benefit. The appeals for initial compensable rating for bilateral hearing loss, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy are remanded.

The Board has remanded the case due to insufficient compliance with prior remand directives and for additional development, including obtaining complete medical records from Dr. T.M. and providing an addendum opinion regarding whether bilateral cataracts are related to service-connected conditions.

The Veteran's claims for service connection for various neurological conditions, including Bell's palsy and diabetes mellitus type II, were denied as these conditions are not shown to be related to service or service-connected disabilities.

The Veteran's claims for diabetes, hypertension, and unspecified trauma and stress-related disorder with major depressive disorder and schizophrenia have been withdrawn. The claim of service connection for unspecified trauma and stress-related disorder has been granted.

The Board has found that further development is necessary for the Veteran's claims of service connection for various conditions, including hypertension, diabetes mellitus, peripheral neuropathy, retinopathy, and cataracts. The AOJ must obtain private treatment records from Sweetwater Medical Clinic and Dr. Tara Mullen, as well as verify the Veteran's claimed exposure to herbicides in Korea.

The Veteran's claims for service connection for bilateral hearing loss, erectile dysfunction (ED), and type II diabetes mellitus (DM) are being REMANDED due to the need for further development regarding the etiology of ED and DM.

The Board denied the Veteran's claim for service connection for diabetes mellitus type II, finding that there was no evidence of in-service exposure to hazardous materials and insufficient competent medical evidence linking her current diagnosis to service.

The Board has found that the case does not involve the reopening of a disallowed claim, and thus the proper effective date is either the date the ABCMR received the Veteran's application for upgrade or the date of receipt of the initial claim for service connection. The Board needs to obtain the application for upgrade and any evidence documenting its receipt by the ABCMR.

The Veteran's hypertension is granted as presumptively related to herbicide exposure under the PACT Act. Service connection for diabetes mellitus type II and peripheral neuropathy of the upper and lower extremities are denied due to lack of evidence linking these conditions to service or Agent Orange exposure.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for earlier effective dates and increased ratings for his service-connected diabetic peripheral neuropathy of the upper extremities. The Veteran will need to provide updated medical records, including an EMG and nerve conduction study from April 2012, and a VA examination to assess the current severity of his disability.

The Veteran's claim for service connection for headaches was denied because the evidence did not support a link between his current headaches and active service. His claim for TDIU prior to September 25, 2015 was also denied as he had multiple service-connected disabilities that did not preclude his employability.