Diabetes Board decisions

The Veteran's claim for a higher rating for diabetes mellitus and his TDIU claim have both been denied. The Board found that the Veteran does not meet the criteria for a disability rating higher than 20 percent for diabetes, as he did not require regulation of activities. For TDIU, the evidence showed that the Veteran's service-connected disabilities have met the schedular requirements but do not prevent him from securing or following substantially gainful employment.

The Board has granted the Veteran's claim for service connection for diabetes mellitus type II as secondary to his already service-connected disabilities, including sleep apnea, PTSD, and pes planus.

The Board has remanded the case due to a lack of clarity regarding whether the Veteran's service-connected disabilities cause the functional equivalent of loss of use of his feet. The Veteran needs an examination to determine this.

The Board has decided to remand the claims for hypertension, diabetes mellitus, and a back condition due to errors in obtaining relevant medical records and service treatment records. The Veteran's periods of active duty, ADT, IDT, and Reserve service need to be confirmed.

The Veteran's tinnitus was granted service connection. The claims for bilateral hearing loss, heart condition, DMII, nephropathy, prostate cancer, skin cancer, gallbladder condition, arthritis, and hypertension are remanded due to duty-to-assist errors.

The Board has denied service connection for PTSD and increased rating for diabetes mellitus type II and erectile dysfunction (diabetes), but has remanded the claim of service connection for tinnitus due to a duty-to-assist error.

The Veteran's claim for an earlier effective date for the award of service connection for diabetes was denied as the June 2013 rating decision became final and the current claim was filed within one year following the enactment of a liberalizing law (PACT Act). The appropriate effective date is August 10, 2022.

The Veteran's appeals for increased disability ratings were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's claims for earlier effective dates for the awards of service connection for bilateral lower extremity diabetic peripheral neuropathy are denied as there was no prior claim filed before September 12, 2022.

The Veteran's death was not caused by his service-connected disabilities, but the Board is remanding for a VA oncologist to provide an opinion on whether his mesothelioma could be causally related to his service or if it contributed substantially and materially to his death.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide an adequate VA examination or obtain a medical opinion addressing the etiology of the Veteran's PVD.

The Board has determined that there is sufficient new and relevant evidence to reopen the claim of service connection for cause of death, but further medical opinion is needed to determine if diabetes or exposure to hazardous chemicals at Fort Riley was a principal or contributory cause of death.

The Veteran's death was not caused by his service-connected disabilities, and the Board is remanding the case for further development to obtain an addendum opinion from a VA oncologist regarding the cause of death.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's bilateral hearing loss was not rated higher than noncompensable, his right knee disability did not warrant a rating in excess of 10 percent prior to July 16, 2019 or 30 percent from September 1, 2020, and he failed to establish service connection for chronic bronchitis (COPD), fungal infection, left knee disorder, bilateral carpal tunnel syndrome, left elbow disorder, or diabetes.

The Board has dismissed all claims due to the Veteran's death, as veterans' claims do not survive their deaths.

The Board denied earlier effective dates prior to June 26, 2016, for the awards of service connection for diabetes mellitus and peripheral neuropathy of the upper and lower extremities.,The Veteran's claim for increased rating for diabetes mellitus was also denied.

The Veteran's PTSD is rated at 70 percent since September 19, 2005.,Diabetes mellitus, type II, is rated at 40 percent from October 26, 2021.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected unspecified depressive disorder and diabetes mellitus, resolving reasonable doubt in favor of the Veteran.

Service connection for diabetes mellitus type II and prostate cancer is granted. Service connection for heart condition is remanded due to insufficient evidence.

New evidence has been submitted that may support the Veteran's claims for service connection. The AOJ will review these new claims and determine if they meet the criteria for service connection.