Diabetes decisions — 2023

The Veteran's service-connected diabetic retinopathy with pseudophakia of the right eye and cataract of the left eye associated with diabetes mellitus is currently rated at 30 percent. The Board denied an increased rating, finding that the evidence did not support a higher rating based on visual impairment.

The Board has granted service connection for diabetes mellitus type II as secondary to exposure to herbicide agents during the Veteran's service in Guam. The evidence is in equipoise regarding the Veteran's exposure to herbicide agents.

The Board has remanded the claims of entitlement to an effective date prior to April 21, 2011, for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility to Dependent's Educational Assistance (DEA). The AOJ must submit these claims to the Executive Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board has decided to remand the case due to insufficient notice and clarification of reasons for denial, as well as legal adequacy issues. The Veteran's eligibility for PCAFC benefits will be reconsidered under appropriate criteria.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted his TDIU claim from January 30, 2012 onward.

The RO granted an aid and attendance allowance effective August 3, 2023. The Board finds a duty to notify error due to not informing the appellant about earlier effective dates for aid and attendance based on need.

The Board has remanded the case due to a duty-to-assist error, requiring additional medical opinions on whether fatigue is aggravated by service-connected obstructive sleep apnea and/or caused or aggravated by PTSD, heart conditions, and/or diabetes mellitus type II.

The Veteran's appeals for service connection for diabetic retinopathy, bilateral foot pain with tingling and numbness, and left hand pain to include numbness and tingling have been dismissed. The claims of service connection for these conditions are remanded.

The Veteran's appeal for increased ratings and service connection has been withdrawn, resulting in the dismissal of all related claims.

The Veteran's claim for PCAFC benefits is being remanded due to unclear notice and the need for further clarification of eligibility criteria. The VA will provide proper notice, clarify the reason for the denial, and evaluate the Veteran's need for personal care services based on his service-connected conditions.

The Board denied the Veteran's claim for an earlier effective date than October 20, 2022, for a 80 percent rating for service-connected diabetic retinopathy and maculopathy of the bilateral eyes. The appropriate effective date is October 20, 2022.

The Board has found that new evidence was submitted and the claims are being remanded for further review.

The Veteran's initial ratings for diabetic peripheral neuropathy of the left and right lower extremities were denied prior to May 17, 2011.,PTSD was remanded by the Board due to failure to obtain private treatment records.

The Board has decided to remand the Veteran's claim for service connection for diabetes mellitus, type II due to exposure to contaminated water at Camp Lejeune. The claims file contains medical opinions linking the Veteran's diabetes to his presumed exposure to contaminated water and other in-service symptoms. However, a VA examination is needed to provide an opinion on whether the diabetes is related to his military service, including his exposure to contaminated water at Camp Lejeune.

The Board has decided to remand the claims for prostate cancer, diabetes mellitus, and skin condition due to the need for VA medical opinions regarding their etiology.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the claims.

The Board has determined that further development is necessary to address the Veteran's claims for service connection for obstructive sleep apnea and secondary service connection to hypertension, back, and diabetes mellitus via obesity. The case is being remanded to obtain a new etiological opinion.

The Veteran's service connection claims for type 2 diabetes mellitus and hypertension have been granted on a presumptive basis due to herbicide agent exposure. The heart disorder claim has been remanded as it may be related to the Veteran's hypertension and type 2 diabetes mellitus. Service connection for tinea versicolor, BPH, GERD, and Barrett's esophagus have all been denied.

The Veteran's appeals for increased ratings and service connection were dismissed due to the Appellant withdrawing her claims. The appeal for a total disability rating based on individual unemployability was granted.

The Veteran's service-connected disabilities necessitated his need for regular aid and assistance of another individual, leading to a grant of special monthly compensation (SMC) based on aid and attendance.