Diabetes Board decisions

The Board has determined that the effective date for service connection of Type II diabetes mellitus should be December 18, 2005, based on the liberalizing law and regulations regarding presumptive service connection due to herbicide exposure.

The Board denied the Veteran's claims for service connection for diabetes mellitus, diabetic nephropathy with kidney failure requiring renal dialysis, diabetic retinopathy of the eyes, and diabetic neuropathy. The evidence did not establish that these conditions were incurred in or aggravated by service.

The Board found that the Veteran's current diabetes mellitus was not incurred in or caused by his military service, and denied his claim.

The Veteran's blindness in the right eye was not caused by VA medical treatment, and there is no evidence of negligence or lack of proper skill on the part of VA. The Veteran had pre-existing diabetic retinopathy that worsened due to his diabetes.

The Board found that the grant of service connection for diabetes mellitus, type II was not clearly and unmistakably erroneous and upheld the severance of the award.

The Veteran's diabetes mellitus was not incurred or aggravated by service, and the presumption of herbicide exposure does not apply due to his service on a ship off the shore of Vietnam. The claim for service connection is denied.

The Board found no evidence of herbicide exposure at the Veteran's assigned duty stations and denied service connection for diabetes mellitus and congestive heart failure as not related to his military service.

The Board denied the Veteran's claims of service connection for diabetes mellitus, bilateral foot condition, and left eye condition. The decision found no new and material evidence to reopen these claims.

The Veteran's death was caused by diabetes, atherosclerotic cardiovascular disease, cerebrovascular disease, and seizure disorder. The Board found no evidence linking these conditions to his service.

The Veteran's claim for service connection for diabetes mellitus, type II is being remanded due to the need for additional development regarding his claimed Vietnam-era exposure and service in the Republic of Vietnam.

The Veteran's service-connected diabetes mellitus required a restricted diet only prior to May 13, 2005. Medication for diabetes, including insulin, was required beginning May 13, 2005; there is no evidence of restriction of activities due to DM.

The Veteran's diabetes mellitus, type II, is currently rated at 40% disabling. The Board finds that the evidence does not support a higher rating as of April 22, 2011.

The Board has determined that the Veteran's service-connected anxiety disorder substantially contributed to his death, and thus grants entitlement to service connection for the cause of the Veteran's death.

The Board has determined that the Veteran did not serve in Vietnam and was therefore not exposed to herbicides. As a result, service connection for diabetes mellitus, diabetic nephropathy, peripheral neuropathy of the upper and lower extremities, and cardiovascular disease (CAD) cannot be granted based on presumptive exposure or secondary to a service-connected disability.

The Board has remanded the case due to issues raised in a Court decision, and further action is required by the RO.

The Veteran's diabetes mellitus warrants a 100 percent evaluation for the entire appeal period, based on at least twice daily insulin injections, restricted diet, and regulation of activities.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's service-connected conditions and any other potentially related conditions contributed to his death.

The Board denied the Veteran's claims for service connection and increased disability ratings for various conditions, finding that there was no evidence to support these claims based on the current medical records and available evidence.

The Veteran's combined disability rating is 70 percent, meeting the threshold requirement for TDIU. However, his service-connected disabilities do not render him unemployable as he has worked in property management and self-employment.

The Veteran's claim for payment of unauthorized medical expenses incurred at St. Elizabeth Medical Center in Utica, New York from December 22 to December 24, 2008 is denied as VA facilities were feasibly available and the Veteran was stable for transfer.