Citation Nr: 18159726
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 17-02 329
DATE:	December 19, 2018
ORDER
Entitlement to service connection for diabetes mellitus is granted.
FINDING OF FACT
The Veteran’s diabetes mellitus manifested to a compensable degree within one year of his separation from service and is not attributable to intercurrent causes. 
CONCLUSION OF LAW
The criteria for entitlement to service connection for diabetes mellitus are met.  38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(b), 3.307, 3.309(a). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the United States Army from November 1995 to May 2000.
1. Entitlement to service connection for diabetes mellitus.
The Veteran asserts, and VA concedes, that he has a current diagnosis of diabetes mellitus. The Veteran contends that his diabetes manifested within one year of separation from service. He asserts, and a lay statement from his ex-wife supports, that his symptoms for diabetes began in January 2001 and increased in severity until he was taken to the emergency department and diagnosed with diabetic ketoacidosis in June 2001. At that time he began treatment with insulin. See June 2001 discharge summary, November 2014 statement in support of claim, July 2017 ex-wife lay statement, and February 2018 Congressional.
Based on the Veteran’s credible assertions, and the supporting evidence indicating that his diabetic symptoms began in January 2001, eight months after separation from service, with a diagnosis of diabetes occurring in June 2001, three weeks past one year from service separation, and resolving all reasonable doubt in his favor, the Board finds that the Veteran manifested diabetes mellitus to a compensable degree within one year of separation from service. 38 C.F.R. § 3.307(a)(3). As he is found to have developed diabetes mellitus to a compensable degree within one year of service, the presumption of service connection for diabetes mellitus attaches. 38 C.F.R. § 3.309(a). Therefore, service connection for diabetes mellitus is warranted. 
 
CAROLINE B. FLEMING
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thompson, Associate Counsel