Diabetes decisions — 2023

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents at Eglin Air Force Base in January 1969, which is necessary for service connection of diabetes mellitus type II.

The Board has remanded the case for further development to verify the Veteran's reported exposure to herbicide agents during his period of service in Germany, as this is necessary to determine if he was exposed to Agent Orange and thus eligible for presumptive service connection.

The appeal pertaining to the issue of entitlement to a rating in excess of 10 percent for tinnitus is dismissed.,The appeals for ratings in excess of 40 and 60 percent for diabetes mellitus, type II with associated erectile dysfunction and diabetic nephropathy are denied.,The claim for service connection for obstructive sleep apnea due to exposure to herbicide agents is remanded.

The Veteran's claim for service connection for diabetes mellitus, type II (DMII) with erectile dysfunction was granted effective April 1, 2021. The Board found that the liberalizing law applicable to herbicide agent exposure in Korea during which the presumption of DMII applies retroactively to January 1, 2020, allowed for an earlier effective date of April 1, 2020.

The Veteran's claim for earlier effective dates for service connection for diabetes mellitus type II and residuals of squamous cell carcinoma was granted. Effective July 16, 2018, the Veteran received service connection for diabetes mellitus type II, and effective August 31, 2018, he received service connection for residuals of squamous cell carcinoma.,The initial rating for diabetes mellitus type II remains at 20 percent. The Veteran's claim for a higher rating was denied.

The Veteran's claims for increased ratings and other issues were denied. The Veteran was granted a 100 percent disability rating for PTSD effective July 7, 1997, and SMC at the housebound rate from October 28, 2002. The issue of TDIU prior to July 2, 2004, is dismissed as moot.

The Veteran's claims for diabetes, throat cancer, diabetic peripheral neuropathy, seborrheic dermatitis, and bilateral hearing loss have been granted as they are presumed to be related to his service-connected conditions under the PACT Act.

The Veteran's appeals for higher ratings for diabetic peripheral neuropathy affecting his right and left upper extremities have been remanded due to the need for further development.

The Veteran's claims for service connection for diabetes mellitus, hypertension, and sleep apnea are remanded due to potential exposure to PCBs while stationed at Fort McClellan. The right knee and left knee disability ratings are also remanded as the evidence is conflicting. The TDIU and SMC based on loss of use of the lower extremities claims are remanded in conjunction with the knee issues.

The Veteran's diabetes mellitus type II is granted a 40 percent evaluation, but his claim for service connection of bilateral upper extremity diabetic peripheral neuropathy is remanded.

The Board has granted service connection for hemorrhoids, diverticulitis secondary to IBS, and diabetes mellitus. The Veteran's conditions are found to be related to her military service.

The Veteran's diabetes mellitus, type II, was rated at a noncompensable level due to the baseline pre-aggravation evaluation of 20 percent and current level of severity remaining consistent with that rating. The Veteran did not require daily insulin injections or regulation of activities.

The Board has remanded the case due to insufficient evidence regarding the Veteran's bilateral eye disability, specifically diabetic retinopathy. The Veteran is seeking service connection for this condition as secondary to diabetes mellitus and herbicide exposure.

Service connection for diabetes mellitus, type II (DM) and prostate cancer is granted due to the PACT Act presumption of herbicide exposure. Service connection for erectile dysfunction (ED), secondary to service-connected prostate cancer, is also granted.,Service connection for right upper extremity peripheral neuropathy and left upper extremity peripheral neuropathy is denied as there is no evidence of herbicide agent exposure.

The Board has decided to remand the case due to errors in verifying the Veteran's exposure to herbicide agents, specifically Agent Orange. The AOJ must verify whether the Veteran was exposed to herbicides during his service in Korea and clarify which TERA Memorandum contains the correct findings.

The Veteran's diabetes mellitus type 2 is rated at 60 percent since January 17, 2023. A separate rating for residuals of a stroke as secondary to his service-connected diabetes mellitus type 2 is granted.

The Board has granted service connection for diabetes mellitus, type II on a direct facts-found basis due to exposure to herbicide agents during the Veteran's service in Thailand. The effective date is not specified as it is presumed based on the PACT Act.

The Veteran's bilateral hearing loss and diabetes mellitus type 2 evaluations have been dismissed due to the appellant's withdrawal of these issues.,Higher ratings for peripheral neuropathy of the left lower extremity (sciatic nerve), right lower extremity (sciatic nerve), left lower extremity (femoral nerve) associated with herbicide exposure, and right lower extremity (femoral nerve) associated with herbicide exposure have been granted. The Veteran's status post left ankle fracture evaluation has been denied.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for bipolar disorder as secondary to a traumatic brain injury (TBI), PTSD, and ADHD. Service connection for diabetes, hepatitis C, and PTSD is denied.

The Veteran's diabetes mellitus was rated at 20 percent prior to October 22, 2019. The Board denied an increased rating as the evidence did not show regulation of activities due to diabetic complications.