Diabetes Board decisions

The Board has decided to remand the case due to a procedural issue with the November 2020 supplemental statement of the case (SSOC). The Veteran's representative will be provided another opportunity to respond.

The Veteran's diabetes mellitus with erectile dysfunction, right lower extremity peripheral neuropathy, and diabetic nephropathy with hypertension are rated. The decision includes a grant of SMC for loss of use of a creative organ but denies higher ratings for other conditions.

The Board has remanded the claim for service connection of Erectile Dysfunction (ED) as secondary to Diabetes and/or Coronary Artery Disease (CAD). Further development is needed, including obtaining medical records from Dr. S.N., scheduling a VA examination, and determining if ED is due to or worsened by the service-connected conditions.

The Veteran's diabetes mellitus type II is rated at 20 percent, and his prostate cancer from February 1, 2009 to July 22, 2012 is not compensable.

The Board has remanded the case due to insufficient compliance with previous remand directives, including verifying the Veteran's service and possible herbicide agent exposure. The claim for service connection for diabetes mellitus, type II is also being remanded.

The Veteran's service-connected diabetic peripheral neuropathy has been rated at the highest available rating for his upper and lower extremities, with a TDIU granted since July 10, 2007.

The Veteran's appeal is being remanded due to the submission of new medical evidence. The AOJ will review this evidence and consider its impact on the initial rating for diabetic neuropathy in both legs, as well as the effective dates for service connection.

The Veteran's service-connected disabilities do not prevent him from securing and following any substantially gainful employment, as he is capable of performing sedentary work.

The Veteran's diabetes mellitus is granted as presumed due to herbicide exposure. His sleep apnea and right hand fibroma (originally claimed as skin cancer) are denied.

The Veteran's claim for an extraschedular total disability rating due to individual unemployability prior to August 25, 2014 was denied as he did not meet the criteria for such a rating based on his service-connected disabilities.

The Veteran's claims for service connection for diabetes mellitus, type II and peripheral neuropathy of the bilateral upper and lower extremities were denied as there was no evidence of a claim prior to October 17, 2014.

The Board has remanded the claims for diabetes mellitus, bilateral eye condition, and left knee condition due to pre-decisional duty to assist errors. The VA will seek new medical opinions on the claimed conditions in relation to service connection.

The Veteran's claim for service connection for diabetes mellitus has been readjudicated due to new evidence received. The claim is granted as the new evidence does not support a finding of direct exposure to herbicides in Korea, which would have allowed for presumptive service connection under VA regulations.

The Veteran's PTSD is currently rated at 70 percent, which does not meet the criteria for a higher rating. The appeal regarding TDIU and DEA was dismissed as it pertained to an adjacent appeal.

The Veteran's service-connected disabilities meet the schedular criteria for entitlement to individual unemployability due to two or more disabilities, one of which is 40 percent or more with a combined evaluation of 70 percent or more. However, the Board finds that the March 2022 VA examination and opinion are inadequate as they do not address how the Veteran's bilateral upper extremity peripheral neuropathy impacts his ability to perform sedentary work in an 8-hour workday.

The Board has granted an effective date of October 1, 2001 for the award of DIC benefits based on the Veteran's death due to service-connected conditions presumptively associated with herbicide exposure.

The Board denied the Veteran's appeal as his VA Form 9 was not received within a year of the June 2018 rating decision or within 60 days of the April 2020 SOC.

The Board has determined that a remand is necessary to obtain an addendum opinion regarding the Veteran's diabetes claim, as the current medical opinions are inadequate and do not address all theories of entitlement.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus, type II and sleep apnea due to pre-decisional duty-to-assist errors. The Veteran is presumed to have been exposed to environmental toxins during his service in Southwest Asia, which may be considered presumptively related to his current disabilities.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from May 12, 2021 to May 11, 2022.