Diabetes Board decisions

The Board has determined that the claims for service connection must be remanded due to pre-decisional duty to assist errors, specifically regarding the Veteran's reported toxic exposure risk activities (TERA). The AOJ is instructed to investigate and confirm these TERA, and then schedule the Veteran for new examinations to determine the etiology of his claimed conditions.

The Board has granted service connection for obstructive sleep apnea and type II diabetes mellitus, both secondary to the Veteran's obesity caused by his service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinion on whether the Veteran's service-connected conditions contributed to their cause of death.

The Board has granted service connection for bilateral hearing loss disability but denied service connection for diabetes mellitus.

The appeal concerning the claims for service connection for depression and anxiety is dismissed. The claim for increased rating for a nodule on the right side of the neck is remanded, as well as the claim for service connection for diabetes.

The Veteran withdrew his appeal regarding the claim of service connection for diabetes mellitus, type II.

The Veteran's service connection for diabetes mellitus, type II is granted due to presumed exposure to herbicide agents during his military service at Korat Royal Thai Air Force Base (RTAFB).

The Veteran's claim for special monthly compensation (SMC) at the housebound rate was denied as he does not meet the criteria for a total disability rating based on one service-connected condition, and his conditions do not independently warrant SMC.

The Board has determined that the July 1, 2020, VA Form 9 was timely filed and thus grants the appeal for the evaluation of service-connected PTSD, total disability rating based on individual unemployability (TDIU), and service connection for erectile dysfunction, diabetes, and multiple sclerosis.

The Board has granted earlier effective dates for service connection of colon cancer, diabetes mellitus type II, residuals of a hysterectomy, and diabetic neuropathies of the upper and lower extremities. The claims are remanded for further action on TDIU and SMC.

The Veteran's back, diabetes, and nerve disabilities are remanded for further development as the VA has not obtained all relevant records.

The Veteran's claim for service connection for various conditions, including bilateral blepharitis and corneal pannus, eczema, tinnitus, OSA, diabetes, left foot diabetic neuropathy, right foot diabetic neuropathy, migraine headaches, and hypertension was granted as of March 29, 2022. The effective date is set to the date of claim due to the Veteran's intent to file a claim prior to this date.

The Board has found a duty to assist error in the initial rating decision for DM2 and remanded the case to obtain additional medical evidence regarding the Veteran's nocturia and BPH with LUTS.

The Board has granted an effective date of August 19, 2019 for the award of service connection for diabetes mellitus. The RO must now assign initial disability ratings for diabetic nephropathy (kidney disease), erectile dysfunction, and diabetic neuropathy of the lower extremities from August 19, 2019 to August 9, 2022. Effective dates prior to August 10, 2022, for service connection for these conditions are also remanded.

The Veteran's death was not caused by any service-connected disability, and the Board denied service connection for cause of death.

The Veteran's DMII and bilateral lower extremity peripheral neuropathy have not required regulation of activities or hospitalizations for ketoacidosis, thus a rating in excess of 20 percent is denied.

The Board denied the Veteran's claims for an earlier effective date for a combined 100 percent evaluation and basic eligibility for Dependents' Educational Assistance (DEA) benefits. The Veteran was already in receipt of the earliest possible effective date allowed under law for his service-connected disabilities.

The Veteran's hypertension, DM2, and CAD are granted as service-connected. Shortness of breath is also granted as secondary to his service-connected conditions. The left hand/forearm condition is denied.

The Veteran's PTSD is rated at 70 percent, which is the maximum rating available. The Board granted a 100 percent rating for CAD from October 21, 2013 to July 26, 2016. TDIU was granted effective August 31, 2011 and SMC at housebound rate was granted effective October 21, 2013.

The Board has found that the AOJ's failure to provide adequate VA medical opinions for the Veteran's acquired psychiatric disorder and diabetes mellitus constitutes a pre-decisional error in VA's duty to assist, requiring remand.