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10-12 694
10-12 694
| Board of Vet. App. | Jul 27, 2017
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Background

  • 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)
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Case Details

Case Name: 10-12 694
Court Name: Board of Veterans' Appeals
Date Published: Jul 27, 2017
Docket Number: 10-12 694
Court Abbreviation: Board of Vet. App.