Diabetes Board decisions

The Veteran's claims for service connection for right knee arthritis, diabetes mellitus, and right hallux valgus were denied as new and relevant evidence did not tend to prove or disprove the elements of service connection.,The Veteran's claims for service connection for tension headaches secondary to PTSD and obstructive sleep apnea secondary to PTSD are granted.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support presumptive or direct service connection. The Veteran died from cerebrovascular accident and diabetes.

The Veteran's claim for service connection for diabetes was denied, and the Board found that there is no current disability of diabetes. The Veteran's claim for TDIU was granted as his PTSD and gout disabilities prevented him from securing or following a substantially gainful occupation.

The Board has remanded the claims for service connection due to herbicide exposure for prostate cancer residuals, diabetes mellitus type 2, and a heart disability including IHD/CAD. The AOJ is instructed to verify the Veteran's reported in-service exposure along the DMZ.

The Veteran's claim for a higher rating for diabetic neuropathy in the upper and lower extremities was denied. The Board found that the evidence did not support ratings higher than 20 percent for both the left and right upper extremities, as well as the left and right lower extremities.

The Board has remanded the claims for service connection due to new medical opinions being needed on whether the Veteran's service-connected right knee disability caused or aggravated his claimed conditions, including CAD, hypertension, OSA, pancreatic cyst, lumbar spine disorder, type II diabetes mellitus, diabetic retinopathy, diabetic nephropathy, peripheral vascular disease, testosterone deficiency, colon disorder, and foot disorder.

The appeal to determine eligibility for attorney fees based on past-due benefits awarded in a May 2020 rating decision is dismissed because the appellant did not file an NOD within the required timeframe.

The Board has remanded the claim for TDIU from October 24, 2017, to February 20, 2020, due to an error in failing to provide a statement of reasons or bases and because there is evidence that raises a reasonable possibility that the Veteran's service-connected disabilities left him unable to maintain substantially gainful employment.

The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left and right lower extremities, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, diabetic nephropathy with hypertension, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.,The appeal for earlier effective dates for diabetes mellitus type 2 with erectile dysfunction, diabetic peripheral neuropathy of the left lower extremity, diabetic peripheral neuropathy of the right lower extremity, macular edema and retinal scarring due to proliferative diabetic retinopathy, status post panretinal photocoagulation, both eyes, and SMC based on loss of use of a creative organ is dismissed.

The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.

The Veteran's heart condition and hypertension were not incurred during active service, nor are they related to his service. The Board denied these claims.,The Veteran's diabetes mellitus was also not incurred during active service, nor is it related to his service. The Board denied this claim as well.

The Veteran's diabetes mellitus type II is rated at 20 percent, and his bilateral hearing loss is rated at 20 percent. The Board denied the Veteran's claims for service connection of upper left peripheral neuropathy and a compensable rating for bilateral hearing loss.

The Veteran's burial transportation expenses are granted as he was buried in a national cemetery and had service-connected disabilities at the time of his death.

The Board denied service connection for diabetes mellitus type 2, bilateral lower and upper extremity peripheral neuropathy conditions, and bilateral knee and hip conditions as there was no probative medical evidence linking these disabilities to the Veteran's service or a service-connected condition.

The Veteran's initial disability evaluation for diabetes mellitus, type II, is denied. Separate compensable evaluations are granted for right-lower-extremity and left-lower-extremity diabetic neuropathy.

The Board has decided to remand the claim of service connection for diabetes mellitus, as it is based on a pre-decisional duty to assist error due to an inadequate November 2023 VA examination. The Veteran's diabetes mellitus may be proximately caused or aggravated by his service-connected sleep apnea and/or chronic low back pain.

The Veteran's claim for an effective date of April 1, 2021 for the grant of service connection for diabetes mellitus, type II was granted.,The Veteran's claim for a disability rating in excess of 20 percent for diabetes mellitus, type II was denied.

The Veteran's claims for service connection are being remanded due to the need for additional VA treatment records and medical opinions regarding his claimed conditions, particularly those related to cardiovascular disorders and skin parasthesia. The PACT Act is also noted as a factor in this decision.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's PTSD symptoms do not meet the criteria for a higher than 50 percent rating.,The Veteran's bilateral lower extremity diabetic peripheral neuropathy is currently rated at 10 percent, and the Board finds that it meets the criteria for a 40 percent rating.