Diabetes decisions — 2024

The Veteran's service-connected disabilities do not cause the need for regular aid and attendance (A&A). The Board finds that SMC is not warranted.

The Board denied service connection for diabetes mellitus, bladder cancer, and prostate cancer prior to August 10, 2022 on the basis of direct herbicide exposure. The Veteran's service in Thailand was outside the period from February 28, 1961 to May 7, 1975 when veterans are given special consideration for herbicides exposure during service in Thailand.

The Board has determined that the Veteran's service connection claim for diabetic nephropathy with impaired kidney function is remanded due to inadequate opinions and a need for further examination.

The Veteran's service-connected diabetic nephropathy and hypertension are currently rated at 60 percent, but the Board finds that a higher rating is not warranted as his GFR did not meet the criteria for an increased rating.

The Veteran's diabetes mellitus is currently rated at 20 percent, but no higher. The evidence does not support a rating in excess of 20 percent as the Veteran has been on an oral hypoglycemic agent and restricted diet throughout the appeal period.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence to support the Veteran's assertions of worsening symptoms or a nexus between his current conditions and service.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board denied earlier effective dates for service connection of various diabetic peripheral neuropathies and coronary artery disease, finding that the Veteran did not file a claim until July 18, 2018.

The Board has remanded the claims for service connection due to toxic exposure, including PACT Act and Camp Lejeune exposures. The Veteran's in-service toxic exposure is not conceded but raised by his testimony and historical records. Further development is needed to address the Veteran's lay statements regarding toxic exposure.

The Board denied a rating in excess of 20 percent for type II diabetes as the evidence did not show that regulation of activities was required for the treatment of the Veteran's diabetes.

The Board has remanded the Veteran's claims for diabetes, hypertension, and sleep apnea due to inadequate medical opinions regarding their onset or relationship to service. The VA is required to provide a new examination that addresses all pertinent evidence of record.

The Veteran's claim for increased ratings for diabetic peripheral neuropathy of the bilateral upper extremities was denied as his condition is consistent with a 40 percent rating for his right upper extremity and a 30 percent rating for his left upper extremity, both effective June 2, 2020.

The Board denied the Veteran's claims for service connection for bilateral ankle pain, diabetes mellitus, dyspepsia, erectile dysfunction, and sleep apnea due to lack of new and relevant evidence. The claim for a compensable disability rating for hearing loss was also denied.

The Board has remanded the claims for further development due to inconsistencies in the Veteran's reported dates of service and exposure, as well as deficiencies in the VA's research efforts. The claims will be reconsidered with additional evidence.

The Board denied service connection for diabetes mellitus type II and vascular conditions of the bilateral lower extremities as secondary to diabetes mellitus II. The Board found that there was no evidence of herbicide exposure during service, which is required for presumptive service connection under VA regulations.

The Board has remanded the cases for additional development, including obtaining private treatment records and scheduling a VA examination with an ophthalmologist and neurologist.

The Veteran's claims for service connection for coronary artery disease, diabetes mellitus, diabetic neuropathy of the bilateral lower extremities, diabetic retinopathy, and hypertension due to herbicide agent exposure in Guam have been granted. The effective date is not specified as it pertains to a presumption under the PACT Act.

The Board has remanded the case due to the need for additional development, including obtaining medical and administrative records from Fort McCoy Army Hospital and East Orange VA Medical Center. The AOJ must also clarify the amount paid by the Appellant for the medical services provided.

The Veteran's claim for a TDIU was denied as his service-connected disabilities did not meet the schedular criteria, and no extraschedular rating was granted. The Board found that the evidence did not establish he is unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors. The Board will obtain medical opinions regarding the etiology of tinnitus, thoracic strain, diabetes, and right knee disorder.