10-12 694
10-12 694
| Board of Vet. App. | Jul 27, 2017Background
- Veteran served on active duty Apr 1966–Sep 1969; service in Republic of Vietnam conceded for herbicide exposure.
- VA RO granted service connection for Type II diabetes in May 2009 with an initial 20% rating effective Dec 7, 2007; denied service connection for hypertension.
- Veteran asserts hypertension is secondary to his service‑connected Type II diabetes and also alleged Agent Orange causation.
- Medical record: no hypertension noted in service or within one year after separation; diabetes and hypertension diagnoses both alleged to date from mid‑1980s; diabetes treated with oral hypoglycemics and diet, not insulin.
- VA exams (2010, 2012) found hypertension predated diabetes, no nexus between diabetes and hypertension, and diabetes controlled with oral agents and diet without activity regulation or hospitalizations for ketoacidosis/hypoglycemia.
- Peripheral neuropathy and erectile dysfunction are identified as complications; neuropathies are separately service‑connected and compensated; erectile dysfunction is noncompensable and rated with diabetes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for hypertension (including secondary to diabetes) | Hypertension is caused by service‑connected diabetes and/or Agent Orange exposure | No in‑service evidence, no nexus showing hypertension caused/aggravated by diabetes or by service/Agent Orange | Denied — preponderance of evidence against service connection |
| Entitlement to >20% initial rating for Type II diabetes with erectile dysfunction | Diabetes has worsened and warrants a higher rating and/or separate compensable rating for erectile dysfunction | Diabetes has been managed with oral agents and diet only; no insulin, activity regulation, or qualifying hospitalizations; erectile dysfunction noncompensable and rated with diabetes | Denied — 20% appropriate; erectile dysfunction not separately compensable |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (VA Board need not search record for procedural arguments not raised by veteran)
- Dickens v. McDonald, 814 F.3d 1359 (Fed. Cir.) (Scott applied to duty to assist arguments)
- Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir.) (elements required for service connection and nexus rule)
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (limits on continuity of symptomatology for chronic conditions)
- Stefl v. Nicholson, 21 Vet. App. 120 (Ct. Vet. App.) (permitting direct causation proof for non‑presumptive Agent Orange conditions)
- Gilbert v. Derwinski, 1 Vet. App. 49 (Ct. Vet. App.) (preponderance of evidence standard and reasonable doubt rule)
- Camacho v. Nicholson, 21 Vet. App. 360 (Ct. Vet. App.) (conjunctive criteria application for VA rating schedules)
