Citation Nr: 19106941
Decision Date: 01/29/19	Archive Date: 01/29/19

DOCKET NO. 14-40 284A
DATE:	January 29, 2019

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 had active military service from September 1979 to November 2005.  

This matter comes before the Board of Veterans’ Appeals (Board) from an August 2012 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO) in St. Petersburg, Florida.   

In November 2016 correspondence, the Veteran, through his representative, withdrew his request for a Board hearing. 

Entitlement to service connection for diabetes mellitus

Service connection may be awarded on a presumptive basis for certain chronic diseases, to include diabetes mellitus, listed in 38 C.F.R. § 3.309(a), that manifest to a degree of 10 percent within one year of service separation.  Id. §§ 3.303(b), 3.307. Service connection may be awarded on the basis of continuity of symptomatology for those conditions listed in 38 C.F.R. § 3.309(a) if a claimant demonstrates (1) that a condition was noted during service; (2) evidence of post-service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.  See Barr v. Nicholson, 21 Vet. App. 303, 307 (2007); 38 C.F.R. § 3.303(b). 

Diabetes is rated under Diagnostic Code 7913 which provides that diabetes which is treated by restricted diet alone warrants a compensable rating (i.e. 10 percent).  

The Veteran separated from service in November 2005.  He would be entitled to service connection for diabetes on a presumptive basis if it manifested in symptoms treatable by diet alone by December 1, 2006.  

In January 2006, less than two months after separation from service, the Veteran underwent laboratory testing which reflected that his urine was negative for glucose; however, he had a high level of glucose on the basic metabolic panel.  It was noted to be 115H Fasting Reference Interval.    

February 2006 laboratory results reflect 100H Fasting Reference Interval for the basic metabolic panel.  A February 2006 private record reflects that the Veteran’s past medical history reflects that he is “overweight and has early diabetes with fasting hyperglycemia.”  The Veteran has reported that at that time “[t]reatment began with diet and exercise.”  See November 2014 written statement. 

Evidence also reflects that the Veteran was prescribed Metformin in 2008. The Board recognizes that Metformin is used to treat diabetes.

Thus, the evidence supports a finding that the Veteran had symptoms of diabetes as early as two months after separation from service.  The Board finds, in giving the benefit of the doubt to the Veteran, that his diabetes manifested to a compensable degree. The Veteran has reported that he was placed on a restricted diet by December 1, 2006, the Board finds that the clinical notation that he was “overweight” and had early diabetes also is suggestive that he would have been treated by a restricted diet.  

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Wishard