Diabetes Board decisions

The veteran's Type 2 diabetes mellitus may be presumed to have been incurred in active service due to herbicide exposure during his tour of duty along the DMZ in Korea.

The Board found that the veteran's service-connected conditions did not cause his death, and there was no evidence of negligence or fault on VA's part in providing care. The claim for DIC benefits under 38 U.S.C.A. § 1151 is also denied.

The Board has denied the veteran's claims for increased ratings for diabetes mellitus, hemorrhoidectomy, plantar warts of the left heel, and liver cysts as there is no evidence to support a higher rating under the applicable schedular criteria. The claim for an effective date earlier than May 30, 2000 for the award of a 100% rating for polycystic kidney disease with hypertension and congestive heart failure was not addressed in this decision.

The Board found that the veteran did not file a timely substantive appeal for service connection for diabetes mellitus on a direct basis or due to Agent Orange exposure. The skin condition was also denied as it is not attributable to injury or disease in service nor is it due to herbicide exposure.

The Board has determined that additional development is necessary before the claims for service connection for the cause of the veteran's death and for accrued benefits can be decided.

The Board denied the veteran's claims for service connection of diabetes mellitus, type II and a cerebrovascular accident as secondary to his service-connected lung disability. The Board found no evidence linking these conditions to service or within one year post-service.

The veteran's claims for higher initial ratings for Type II Diabetes Mellitus, peripheral neuropathy of the arms and legs, and bilateral proliferative diabetic retinopathy were denied. The veteran was also denied service connection for a stroke secondary to his diabetes.

The Board has determined that the veteran does not have asbestosis and denied service connection for this condition. The issue of whether new and material evidence has been submitted to reopen a claim for diabetes mellitus is addressed in the remand section.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations.

The veteran's appeal has been dismissed due to his death.

The Board has remanded the case for further development, including obtaining VA treatment records from Oklahoma City and Fayetteville VAMCs using both of the veteran's Social Security numbers. The veteran will be provided an opportunity to respond after these records are obtained.

The veteran's claims for service connection are being remanded due to the need for additional medical records and examinations.

The veteran's service connection claim for diabetes mellitus, type II is granted as it falls under the presumptive provisions due to his exposure to herbicides during service in Vietnam.

The Board finds that the veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by his active duty service.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim for service connection for the cause of the veteran's death. The issue remains on the substantive merits.

The Board denied the veteran's claims for service connection for type II diabetes mellitus and chloracne due to exposure to Agent Orange, finding no evidence of in-service exposure or a nexus between the conditions and active service.

The Board found that new evidence did not raise a reasonable possibility of substantiating the claim for service connection for diabetes mellitus secondary to exposure to Agent Orange, as it was unclear if the veteran served in Vietnam and there is no evidence of Agent Orange use in Thailand.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus, hypertension, a skin disorder, hypercholesterolemia or high cholesterol, bilateral hearing loss, bladder disorder, retinal detachment, bilateral cataracts, and loss of eyesight, all claimed as due to exposure to Agent Orange. The Board found no evidence of in-service exposure to Agent Orange and thus denied presumptive service connection for these conditions.

The Board denied the veteran's claims for service connection for diabetes mellitus, migraine headaches, and hypertension due to a lack of competent evidence linking these conditions to his active service.

The Board has determined that the veteran's need for aid and attendance began on March 18, 1997, and awarded an effective date of that date for special monthly compensation.