Diabetes Board decisions

The Board has determined that the $69,480.00 check sent to the Veteran in April 2009 was issued in error after his death and needs to be returned. The appellant is seeking accrued benefits for this amount but needs to provide proof of where the funds were routed after they were reclaimed from the bank.

The Veteran's claims for increased rating of diabetes mellitus and service connection for a back disability are being remanded due to the need for additional development, including VA examinations.

The Board denied the Veteran's claims for service connection of GERD, hypothyroidism, erectile dysfunction, and low back disability. The Board also denied increased ratings for diabetes mellitus and diabetic peripheral neuropathy of the lower extremities. The Board found that there was no evidence to support a higher rating for diabetes mellitus or an aggravation claim for GERD.

The Veteran's diabetes requires oral hypoglycemic agent and restricted diet, but not regulation of activities. The criteria for a rating in excess of 20 percent are not met.

The Veteran's claims for service connection for type II diabetes mellitus, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have been granted with an effective date of December 11, 2012.

The Board has remanded the Veteran's claims for increased ratings for PTSD and diabetes mellitus, as well as his claim for a TDIU due to service-connected disabilities. The claims are being remanded because new examinations are needed to assess the current severity of these conditions.

The Veteran's initial claim for an increased rating for diabetes mellitus was denied, with the Board finding that the disability did not meet or approximate criteria warranting a higher than 20 percent rating prior to December 17, 2015 and in excess of 40 percent thereafter.,A compensable rating (10%) was granted for headaches associated with hypertension. The Veteran's initial claim for an increased rating for MDD and PTSD from August 11, 2009 until February 23, 2012 was granted, with a maximum of 50 percent.,The Veteran's claim for an increased rating for MDD and PTSD from February 23, 2012 to April 17, 2017 was granted at the maximum schedular rating (70%), based on occupational and social impairment due to deficiencies in most areas.

The Veteran was denied service connection for diabetes mellitus, hypertension, ASHD, ED, OSA, and MDD. The Board found that the evidence did not support a finding of in-service exposure to herbicide agents.,Service connection for Parkinson's disease was also remanded due to insufficient evidence regarding its onset during active duty.

The Veteran's claims for service connection for various conditions, including DM2, heart disorder, hypertension, blindness, stroke residuals, and an acquired mental disorder other than PTSD, were denied as new and material evidence was not received to reopen the claims. The Board found that there is no credible evidence of active service in Vietnam or any other period of war.

The Board has granted service connection for low back pain, OSA, and DM due to their proximate relationship with the Veteran's service-connected major depressive disorder. The Veteran was also granted an initial disability rating of 70 percent for his major depressive disorder.

The Board has granted service connection for diabetes mellitus, gastric adenocarcinoma (stomach cancer), and hypertension as secondary to the Veteran's service-connected sleep apnea.

The Veteran's right ear hearing loss is granted as service-connected. The Veteran's PTSD, testicular cancer, and diabetes mellitus type II are not granted as service-connected.

The Board granted service connection for diabetes mellitus, type II, finding that the Veteran was exposed to toxic herbicides during his military service and thus qualifies for the presumptive exposure criteria.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected diabetes mellitus and PTSD, or if it was caused by these conditions.

The Board denied service connection for diabetes mellitus type II, peripheral neuropathy of the lower extremities, and PTSD. The Veteran was not found to have a current diagnosis of any of these conditions during the appeal period.

An effective date of March 14, 2007 for the assignment of a 70 percent rating for PTSD and depressive disorder is granted.

The Board denied an earlier effective date for service connection of diabetes mellitus, type II due to lack of prior informal or formal claims within the required timeframes.

The Board has remanded the case due to insufficient medical opinions regarding whether any psychiatric disorder was caused by service and/or service-connected disabilities, and whether the Veteran's cause of death (including those listed on his death certificate) was due to or the result of any disease or injury incurred in service.

The Veteran's claim for service connection for obesity is denied as a matter of law.,His claim for an increased evaluation for left inguinal hernia remains remanded due to the need for additional evidence.

The Board denied service connection for type 2 diabetes mellitus (DM) and remanded the issues of service connection for a lung disorder to include pleural plaque thickening due to asbestos exposure, and hepatitis C.