Diabetes decisions — 2024

The Veteran's claims of increased ratings for left and right lower extremity diabetic neuropathy are remanded due to a duty to assist error. The Board will schedule the Veteran for a VA examination to determine the current severity of his diabetic neuropathy.

The Board has found that there are potentially outstanding VA and/or private treatment records prior to October 17, 2018, which may be relevant as to the date entitlement arose. The Veteran is being asked to provide authorization for these records.

The Veteran's diabetes and heart conditions are granted on a direct basis due to exposure during service, with the heart condition being secondary to his service-connected diabetes.

The Board has remanded the Veteran's claims for service connection due to incomplete STRs and a duty to assist error. The issues include obesity, increased appetite, heat intolerance, arthritis, abdominal condition, nervous condition (including tremors and nervousness), hypertension, acquired psychiatric disorder (including PTSD, depression, anxiety and insomnia), diabetes mellitus, heart condition (including tachycardia), and gynecological condition (including menstrual irregularities).

The Veteran's bilateral feet have lost all effective function due to service-connected diabetic peripheral neuropathy, and he requires regular aid and attendance of another due to multiple service-connected disabilities. His claim for SMC is granted.

The Veteran withdrew his appeal of the entitlement to a total disability evaluation due to individual unemployability (TDIU) after filing an incorrect request. As a result, the appeal is dismissed.

The Veteran's appeal for an increased disability rating higher than 10% for tinnitus was denied as the maximum schedular rating is already assigned.,The Veteran's appeal for an increased disability rating higher than 20% for prostate cancer residuals prior to May 7, 2024 was denied. A 40% rating from that date forward was granted.,The Veteran's appeals for increased disability ratings for DM II with erectile dysfunction and postoperative cataracts, as well as right lower extremity diabetic peripheral neuropathy affecting the sciatic and femoral nerves were not addressed in this decision.,The appeal for left lower extremity diabetic peripheral neuropathy disabilities was remanded.

The Veteran's service-connected type 2 diabetes, myocardial infarction, cardiomyopathy, and atrial fibrillation are found to have caused his obesity, which in turn likely caused his sleep apnea. As a result, the Board has granted service connection for sleep apnea.

The Veteran's service-connected disabilities do not meet the criteria for an allowance for automobile or other conveyance and adaptive equipment, as they do not result in physical loss of use of hands or feet, permanent impairment of vision, severe burn injury, or ALS.

The Veteran's diabetes mellitus type 2 disability was rated at 10 percent from May 19, 2021 to September 29, 2021 and at 20 percent since September 30, 2021. The appeal is denied as the evidence does not support a higher rating.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and incomplete medical records. The Veteran is seeking service connection for type 2 diabetes mellitus, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy.

The Veteran is unable to secure and follow a substantially gainful occupation due to service-connected disabilities, including diabetes, diabetic neuropathy, tinnitus, hearing loss, and hypertension. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's diabetic nephropathy is currently rated as 60 percent disabling, and a separate rating for kidney stones is granted. The criteria for an initial higher rating for diabetic nephropathy are not met.

The Board denied service connection for diabetes mellitus type II, diabetic bilateral peripheral neuropathy, lower extremities, diabetic bilateral peripheral neuropathy, upper extremities, glaucoma, and erectile dysfunction as secondary to diabetes mellitus type II due to lack of in-service herbicide agent exposure.

The Board dismissed the appeal of severance of service connection for diabetes mellitus type II and obstructive sleep apnea because the Veteran withdrew the appeal prior to a decision being made.

The Board has remanded the claims for diabetes mellitus type II, hypertension, ischemic heart disease, and right foot neuropathy as secondary to diabetes mellitus type II due to a duty to assist error. The Veteran's VA treatment records from June 2023 to December 2021 are not in the claims file.

The Board has denied the Veteran's claim for service connection for diabetes, finding that there is no evidence linking his current condition to his military service.

The Board has granted service connection for obstructive sleep apnea as due to service-connected chronic adjustment disorder with PTSD. However, the claim of service connection for diabetes mellitus remains denied.

The Board has remanded the Veteran's claims for hypertension, diabetes mellitus, type II, and sleep apnea due to duty-to-assist errors. The issues of secondary service connection for upper and lower extremity neurological symptoms are also being remanded.

The Board has granted increased disability ratings of 40 percent for the Veteran's right and left lower extremity diabetic neuropathy, finding that the evidence supports a moderately severe incomplete paralysis level.