Diabetes Board decisions

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as there were no formal or informal claims received prior to August 21, 2017. The Board found that the evidence did not show a factually ascertainable increase in disability during the one-year period prior to his August 2017 claim.

The Board has dismissed the appeals for service connection for various conditions as they are not related to active military service.

The Board has decided that the service connection for obstructive sleep apnea should be remanded due to a need for medical opinions regarding the relationship between the Veteran's obesity and diabetes mellitus, which may have caused or aggravated his sleep apnea.

The Board has remanded the issues of service connection for right eye disability, hypertension, diabetes mellitus, type II, and congestive heart failure due to inadequate etiology opinions based on missing medical records.

The Board dismissed the appeals regarding hypertension and diabetes mellitus as the Veteran withdrew his appeal before a decision was made.

The Veteran's bilateral lower extremity diabetic peripheral neuropathy is rated at 40 percent since August 30, 2012. The Board denied increased ratings above this level for both LLE and RLE diabetic peripheral neuropathy.

The Board has granted service connection for diabetes mellitus type II, but denied service connection for bronchitis, asthma, squamous cell carcinoma, and myasthenia gravis due to exposure to herbicide agents and mustard gas.

The Veteran's left knee disability is currently rated as 10 percent disabling due to loss of motion and functional loss. His diabetes mellitus, type II has been rated at 20 percent since September 17, 2019.

The Board has remanded the cases due to insufficient examination reports and the need for further clarification of the current severity of the service-connected lower extremity diabetic femoral and sciatic nerve neuropathy.

The Board has remanded the case due to incomplete medical records and the need for an addendum opinion regarding the cause of the Veteran's death.

The Board has granted an effective date of February 9, 2010 for the grant of service connection for diabetes mellitus, Type II. The decision is based on evidence showing that the Veteran's diabetes was diagnosed in the 1990s and continued since then.

The Board has remanded the case due to a lack of compliance with prior remand directives and the need for a TDIU opinion. The Veteran is required to complete VA Form 21-8940, and any outstanding treatment records should be secured.

The Veteran's service-connected conditions do not render him unable to secure and maintain substantially gainful employment, as his hearing loss, tinnitus, and Meniere’s disease did not prevent him from working as an attorney.

The Board dismissed all the issues related to service connection and rating for various conditions, including posttraumatic stress disorder, low back condition, upper respiratory infection, bilateral upper extremity paresthesia, bilateral lower extremity paresthesia, fungal infection of the second digit of the right foot, toe-nail infection, left-sided chest pain, pharyngitis, headaches, and other conditions. The decision also dismissed all issues related to nonservice-connected pension and total disability rating based on individual unemployability.

The Board has remanded the claims of an initial rating in excess of 20 percent for diabetes mellitus and a total rating based on individual unemployability prior to October 29, 2012 due to insufficient evidence regarding the severity of the service-connected conditions.

The Board denied higher ratings for the Veteran's bilateral lower extremity diabetic peripheral neuropathy, sciatic nerve, as they did not meet the criteria for a rating greater than 10 percent prior to July 6, 2016 and greater than 20 percent after that date.

The Board has remanded the claims for service connection for diabetes mellitus and increased ratings for multiple sclerosis due to insufficient evidence. The Veteran's diabetes may be related to his service-connected multiple sclerosis, but a medical opinion is needed to determine if it is proximately due or aggravated by the service-connected condition.

The Board has remanded several claims due to the failure to obtain certain medical records and for further development.

The Veteran's DMII does not require regulation of activities, and his lumbar spine disability is currently rated at 20 percent prior to May 8, 2019, and 20 percent thereafter. The Veteran’s right shoulder, cervical spine, right knee, and right foot disabilities are all rated at the maximum allowable under their respective diagnostic codes.,The Veteran's fecal leakage and chronic nerve problems were not found to be service-connected.

The Veteran's death was not caused by a service-connected disability, as his conditions were not related to his military service. The Board found no evidence of herbicide agent exposure during service in Okinawa and concluded that the Veteran did not have type 2 diabetes or heart disorders incurred in service.