Diabetes decisions — 2024

The Board denied the Veteran's claim for an earlier effective date prior to December 29, 2009, for the grant of service connection for diabetes mellitus. The decision found that there was no clear and unmistakable error in any final rating decisions during the appeal period.

The Board has remanded the Veteran's claims for service connection due to chemical exposure during service, including contaminated water at Camp Lejeune and herbicide agent exposure. The VA is required to obtain medical opinions addressing the possibility of a nexus between his toxic exposure risk activities (i.e., his exposure to contaminated drinking water and other chemicals) and his claimed disabilities.

The Veteran seeks an earlier effective date for TDIU and DEA benefits due to service-connected disabilities. The Board has remanded the claims as there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities, but the failure to refer the issue of entitlement to a TDIU prior to June 20, 2017 to the Director was an error in satisfying a regulatory duty.

The Veteran's tinnitus is granted as service-connected.,Bilateral hearing loss is not granted as service-connected.,Diabetes mellitus, type II, is not granted as service-connected.,Right shoulder acromioclavicular joint osteoarthritis is not granted as service-connected.,Left shoulder acromioclavicular joint osteoarthritis is not granted as service-connected.,Left hip arthritis is not granted as service-connected.

The Veteran's service did not qualify for benefits due to spina bifida or other covered birth defects, as he did not serve in Vietnam, the Korean DMZ, or Thailand. The appellant does not meet the criteria for benefits under 38 U.S.C. �� 1805, 1815, 1821, or 1822.

The Board has granted service connection for diabetes mellitus type II and coronary artery disease (CAD) status post PCI based on new evidence received after the initial denial, with effective dates set at April 8, 2021, and April 13, 2021 respectively.

The Board has received a request for withdrawal of the appeal regarding diabetes and high blood pressure claims. As a result, the appeal is dismissed.

The Veteran's claims for service connection for diabetes and hypertension, both claimed as due to herbicide exposure, are being remanded due to inconsistencies in the evidence regarding alleged herbicide exposure.

The Veteran's claims for service connection are being remanded due to pre-decisional duty to assist errors and the need for VA examinations and opinions regarding his acquired psychiatric disorder, diabetes mellitus, diabetic neuropathies, retinopathy, cataracts, and hypertension.

The Veteran's appeals for increased ratings for PTSD and a TDIU prior to June 25, 2019 have been dismissed. The appeal for an effective date prior to June 25, 2019 for DEA benefits has also been dismissed.

The Board has determined that the cause of death (cancer of gastro-esophageal junction) may be related to the Veteran's service-connected diabetes mellitus, type II. However, due to a pre-decisional duty to assist error, the Board is remanding the case for a new medical opinion from an oncologist regarding whether the Veteran's diabetes contributed substantially or materially to his death and if it resulted in debilitating effects that weakened his state.

The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a 60 percent rating for his left knee injury s/p total knee replacement is granted.,The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a total disability rating due to individual unemployability (TDIU) is also granted.

The Board dismissed the appeals regarding peripheral neuropathy of the bilateral upper and lower extremities. Service connection for diabetes mellitus was granted.

The Veteran's diabetes mellitus, heart disability (coronary artery disease), and hypertension are granted as they are presumed to be due to exposure to herbicide agents during service.

The Veteran's PDD is rated at 50 percent, which does not meet the criteria for a higher rating.,The Veteran's Diabetes Mellitus type II is currently rated at 20 percent and no higher.

The Board has remanded the Veteran's claims of service connection for diabetes type II and bilateral neuropathy of the lower extremities, as both conditions are related to his exposure to PFAS during active duty. The AOJ is instructed to obtain additional evidence confirming the Veteran's exposure to PFAS and to provide a VA examination to determine if his diabetes type II originated during or is etiologically related to service.

The Board has decided to remand the case due to duty-to-assist errors and insufficient medical opinions regarding the Veteran's service-connected conditions contributing to his death.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing and following substantially gainful employment.

The Board denied an earlier effective date for the grant of SMC aid and attendance based on need for regular aid and attendance from October 19, 2021. The Veteran's VA treatment records showed he was not permanently bedridden or so helpless as to need regular aid and attendance prior to October 19, 2021.

The Veteran's diabetes mellitus, type II is granted as service-connected due to presumed exposure to herbicide agents during his military service. The cause of death claim will be remanded for readjudication in light of the grant of service connection.