Diabetes decisions — 2023

The Veteran's appeal of the issue regarding service connection for Stevens-Johnson syndrome has been dismissed due to his withdrawal. The other issues have been remanded.

The Veteran's claims for diabetes mellitus, type II and coronary artery disease are granted as they were incurred during his service in Vietnam.

The Board has found that the Veteran's diabetes mellitus did not have its onset during active service or within one year of discharge, and is not causally related to any disease, injury, or event during active service. Service connection for cardiomegaly and bilateral lower extremity circulation disorder are remanded due to duty-to-assist errors. SMC based on the need for aid and attendance is granted as a matter of law.

The Veteran's claim for an increased rating in excess of 100 percent for diabetes mellitus, type II was denied. The Board found that the evidence did not show a factually ascertainable increase within one year prior to September 16, 2021. Additionally, the Veteran's claim for SMC at the housebound rate was dismissed as moot due to the grant of SMC in the December 2023 rating decision.

The Veteran's service-connected neuropathy of the bilateral lower extremity (sciatic nerve) alone supports a TDIU, and his combined rating exceeds 60 percent without this condition. Therefore, SMC based on a single service-connected disability rated as total is granted.

The Board has remanded the Veteran's claims for service connection due to herbicide agent exposure, as there is insufficient information to verify his alleged in-service exposure in Guam. The pleural effusion claim is also remanded as it is intertwined with the coronary artery disease claim.

The Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability.

The Veteran's claim for an increased rating for Type II diabetes mellitus with erectile dysfunction is being remanded due to a failure to obtain relevant VA treatment records from Dr. P.

The Veteran's claims for service connection for CLL, diabetes mellitus, and related conditions were denied in a final September 2008 decision. The appellant is seeking earlier effective dates for these grants of service connection on the basis of substitution.,The claim for hypertension was granted based on the PACT Act, which added hypertension to the list of diseases presumptively associated with herbicide agent exposure. The effective date for this grant is August 10, 2022.

The Board granted service connection for diabetes mellitus, type II, on a presumptive basis due to presumed exposure to Agent Orange during active duty in the Republic of Vietnam. The effective date is not specified as it was based on the PACT Act which is inapplicable.

The Veteran's claim for service connection for diabetes mellitus, type 2 is being remanded due to a predecisional duty to assist error and the need to verify his in-service herbicide exposure. If verified, he will be scheduled for a TERA examination to determine if there is a nexus between his diabetes and his in-service herbicide exposure.

Service connection is granted for Chronic Lymphocytic Leukemia, Type II Diabetes Mellitus, and Congestive Heart Failure due to presumed exposure to herbicide agents during service in Thailand. Service connection is denied for Peripheral Neuropathy of the Bilateral Lower Extremities and Diabetic Kidney Disease.

The Board has remanded the claims for service connection for neurological weakness of the hands and feet, amputation of the left leg above the knee, and denied reopening of the claims for service connection for pancreatitis and diabetes mellitus, type II.,Service connection was not granted due to lack of new and material evidence in all cases.

The Veteran's service connection claims for residuals of an epididymal cyst to the left testicle and residuals of a circumcision for phimosis have been granted. However, his claims for diabetes mellitus, hyperlipidemia, and thyroid disorder remain denied.

The Board has remanded the case due to pending claims for increased ratings and further development needed. The TDIU issue is inextricably intertwined with these other issues.

The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity, type II diabetes mellitus, and neurological impairments of both upper extremities has been reopened. Service connection is granted for the left lower extremity condition.

The Board has determined that additional development is needed to assist the Veteran with his claims, including obtaining relevant medical records and providing notice regarding military sexual trauma. The claims for service connection are being remanded.

The Board has granted service connection for diabetes mellitus type II as secondary to the Veteran's service-connected asthma and/or glucocorticoid use for the treatment of asthma, finding that his diabetes was aggravated by these conditions.

The Veteran's combined disability rating prior to December 2, 2013 was 60 percent. The Board has granted a TDIU on an extraschedular basis due to the cumulative effects of his service-connected disabilities.

The Veteran's appeals for service connection for sleep apnea, COPD, gout, hypertension, and diabetes have been remanded due to the need for additional development of evidence.