Diabetes (Type 2) VA Claim Grants

Findings of Fact (verbatim from decision)

1. It was not clear and unmistakable error (CUE) as a matter of law or fact that the Veteran did not have exposure to herbicide agents during his service in Korea. 2. The Veteran's right lower extremity peripheral neuropathy is proximately due to his service connected diabetes. 3. The Veteran's left lower extremity peripheral neuropathy is proximately due to his service connected diabetes. 4. The Veteran's hypertension is proximately due to his service connected diabetes.

Reasons & Bases (verbatim from decision)

The Veteran had active service from August 1968 to April 1970. These matters are on appeal from a July 2017 rating decision by a Department of Veterans Affairs (VA) regional office (RO). The Veteran had a hearing before the undersigned Veterans Law Judge (VLJ) in August 2021. A transcript has been associated with the file. Severance Claim The Veteran contends the severance of service connection for his diabetes was erroneous. The RO granted entitlement to service connection for diabetes in a June 2013 rating decision. In a May 2017 rating decision, the RO proposed to sever service connection for diabetes. The RO said the evidence did not show the Veteran had been exposed to herbicide agents while in Korea. In July 2017, the RO severed service connection for diabetes, effective October1, 2017, with notice sent to the Veteran in the same month. Previously granted benefits will be severed only where evidence establishes that the award of service connection was clear and unmistakable error (CUE) (the burden of proof being on the Government). 38?C.F.R. §?3.105(d). When severance is considered warranted, a rating proposing severance will be prepared setting forth all material facts and reasons.…

Findings of Fact (verbatim from decision)

1. The Veteran is currently diagnosed with CAD, diabetes mellitus type II, and Parkinson's disease. 2. Resolving doubt in the Veteran's favor, he was exposed to herbicide agents during service in Korat, Thailand.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the U.S. Air Force from January 1973 to October 1976 with service in Thailand. This matter comes before the Board of Veteran's Appeals (Board) from a June 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Service Connection Generally, to establish service connection a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease incurred or aggravated during service." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). 1. Service connection for CAD, as due to exposure to herbicide agents, is granted. 2. Service connection for diabetes mellitus type II, as due to exposure to herbicide agents, is granted. 3. Service connection for Parkinson's disease, as due to exposure to herbicide agents, is granted.…

Findings of Fact (verbatim from decision)

1. Resolving all reasonable doubt in the Veteran's favor, the evidence of record establishes that his current diagnosis of diabetes is due to his exposure to herbicide agents while serving at the U-Tapao Royal Thai Air Force Base (RTAF) in Thailand from July 1972 to November 1972. 2. The evidence of record persuasively establishes that the Veteran has a current diagnosis of diabetic neuropathy.

Reasons & Bases (verbatim from decision)

The Veteran had active service from February 1970 to January 1978 and from August 1981 to September 1989 with additional Naval Reserves service. These matters come before the Board of Veterans' Appeals (Board) on appeal of an October 2018 rating decision issued by a Department of Veterans Affairs (VA) regional office, an agency of original jurisdiction (AOJ). Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from a disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110 ; 38 C.F.R. § 3.303. Generally, in order to establish service connection, there must be competent and credible evidence demonstrating: (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus or link between the in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be established on a secondary basis for a disability that is caused or aggravated by a service-connected disease or injury. 38 U.S.C. § 1110; 38 C.F.R. § 3.310(a), (b).…

Findings of Fact (verbatim from decision)

Resolving reasonable doubt in favor of the Veteran, the evidence is at least in approximate equipoise that the Veteran's service-connected DM with ED required the use of insulin, a restricted diet, and regulation of activities; no episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, were found in the evidence of record for the entire period on appeal.

Findings of Fact (verbatim from decision)

1. The Veteran filed his original claim of entitlement to service connection for diabetes mellitus on September 6, 2005. 2. The Veteran filed his original claim of entitlement to service connection for right lower extremity peripheral neuropathy on September 6, 2005. 3. The Veteran filed his original claim of entitlement to service connection for left lower extremity peripheral neuropathy on September 6, 2005. 4. The Veteran filed his original claim of entitlement to service connection for congestive heart failure on September 6, 2005. 5. The Veteran filed his original claim of entitlement to service connection for blindness on September 6, 2005. 6.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from June 1967 to August 1976, and from June 1983 to November 1986. He also had a duty period in the United States Marine Corps Reserve from July 1991 to June 1996. The Veteran died on September [REDACTED], 2009. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of May 2017. A rating decision of March 2007 denied, in relevant part, entitlement to service connection for diabetes mellitus, congestive heart failure, blindness, hypertension, diabetic gastronitis [sic], diabetic peripheral neuropathy, and special monthly pension. A March 2008 rating decision denied, in relevant part, service connection for incontinence. After the Veteran filed a request to reopen in April 2008, the denial of service connection for incontinence was confirmed by a rating decision of June 2009. The Veteran appealed these denials by filing a notice of disagreement (NOD) in March 2007 and VA Form 9 in November 2007. The Board notes that an entry for gastronitis is not found in standard medical dictionaries, and that a private treatment record of February 2007 made an assessment of gastroparesis, not gastronitis. While the claims were pending on appeal, the Veteran died on September [REDACTED], 2009. [REDACTED], the mother of the Veteran's minor child, [REDACTED], filed claims for dependency and indemnity comp…