Diabetes decisions — 2024

The Veteran's appeals for increased ratings were denied. The diabetes mellitus rating was not changed, the cataracts with visual field defects were rated at their maximum, and other conditions like peripheral neuropathy, hearing loss, and tinnitus did not meet criteria for higher ratings.

The Veteran's service connection claims for arthritis of the lumbar spine, left knee strain, and diabetes mellitus are granted. The claim for fibromyalgia is denied. The Veteran's left knee strain rating is maintained at 10 percent.

The Board has granted service connection for coronary artery disease, Parkinson's disease, and diabetes mellitus on a basis other than the PACT Act due to herbicide agent exposure during service in Thailand.

The Veteran's hypertension is not rated compensably due to blood pressure readings consistently below the threshold for a higher rating.,The Veteran's cirrhosis of liver from non-alcoholic liver disease does not meet the criteria for a compensable rating based on symptoms and Model for End-Stage Liver Disease score.,The Veteran's diabetic retinopathy is rated as noncompensably disabling due to visual acuity that is 20/40 in one eye without other significant impairment.

The Veteran's claims for diabetes mellitus, hypertension, right knee condition, cataracts, chronic allergies, and PTSD have been granted. The Board found new and relevant evidence that supports the Veteran's claims.

The Board denied the Veteran's claims for service connection due to lack of new and relevant evidence, except for her claim regarding depression which was found not to meet the criteria for service connection.

The Veteran's claims for service connection and increased ratings for various conditions, including hypertension, hyperlipidemia, cardiac heart condition, diabetic peripheral neuropathy, diabetic renal dysfunction, diabetic retinopathy, and erectile dysfunction, were denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 10 percent for hypertension or service connection for hyperlipidemia.

The Veteran's GERD is related to his active service, and the Board has granted service connection for this condition.,The evidence is in equipoise as to whether chronic kidney disease was caused by type II diabetes mellitus. The Board has also granted service connection for this secondary disability.,Similarly, the evidence is in equipoise as to whether diabetic peripheral neuropathy of the left and right lower extremities were caused by type II diabetes mellitus. The Board has granted service connection for these secondary disabilities.

The Veteran's initial ratings for diabetic polyneuropathy of the right and left lower extremities have been granted at a 20 percent rating, effective August 2, 2022.,However, higher initial ratings are denied for diabetes mellitus type 2.

The Board has granted an effective date of December 21, 2018 for the award of service connection for diabetes mellitus with bilateral lower extremity peripheral arterial disease. The decision is based on the Veteran's timely filed claim received on that date.

The Veteran's claims for earlier effective dates related to service connection for various conditions have been denied. The Board found no other formal claims prior to the currently assigned effective dates that would entitle the Veteran to earlier effective dates.,The Veteran's claim for bilateral hearing loss was remanded due to an inadequate medical opinion regarding the etiology of his claimed condition.

The Board has denied service connection for diabetes mellitus type II and remanded the issue of service connection for obstructive sleep apnea due to lack of evidence showing an in-service event, injury, or disease. The Veteran's claim for service connection for obstructive sleep apnea is now pending.

The Veteran's earlier effective dates for diabetes mellitus and history of heart murmur have been granted, with the effective date set at January 22, 2021.,The Veteran's earlier effective date for high blood pressure has also been granted, with the effective date set at December 3, 2020.

The Board has denied the Veteran's claims for service connection for hearing loss, tinnitus, and a vision disorder due to lack of evidence linking these conditions to his military service.

The Veteran's appeal for higher initial ratings on multiple diabetic and amputation conditions has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations. The initial rating for diabetic nephropathy has been denied, as it does not meet the criteria for a higher rating under either the old or new rating criteria. The claim for erectile dysfunction is also denied as there is no evidence of deformity of the penis. The Veteran's diabetes mellitus, type II, remains rated at 20 percent.

The Board has remanded the claims for service connection for coronary artery disease, diabetes mellitus type II, and Parkinson's disease due to exposure at Fort McClellan (FTMC) during active duty. The claim for secondary service connection for schizoaffective disorder is also remanded as it is inextricably intertwined with the other claims.

The Board has remanded the Veteran's claims for prostate cancer, diabetes mellitus type 2, and hypertension due to a failure to confirm whether he participated in toxic exposure risk activity (TERA) during service. The AOJ is required to schedule the Veteran for a TERA examination to assess if his disabilities are related to his potential exposure to PFAS chemicals.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type I, finding that the evidence is at least in equipoise that the sleep apnea is caused by his diabetes.

The Board has determined that the Veteran's request for HLR of the July 25, 2023 SSOC was timely. The AOJ should process the Veteran's timely filed VA Form 20-0996 as it pertains to his claims for entitlement to service connection outlined in the July 2023 SSOC.