DIABETES MELLITUS

Summary

The Veteran, an Army Veteran who served from June 1980 to August 1991, appeals the denial of service connection for diabetes mellitus, Type II. The Board notes that the Veteran's hearing request was withdrawn, limiting the review to evidence of record at the time of the August 2021 agency of original jurisdiction (AOJ) decision. The Veteran initially claimed service connection for diabetes mellitus, Type II in April 2021. The AOJ denied this claim, stating there was no relevant in-service event or injury, and service treatment records showed no evidence of diabetes. Furthermore, the claim did not meet presumptive service connection criteria. However, subsequent to the initial denial, the AOJ favorably found in a May 2025 rating decision that the Veteran's diabetes mellitus, Type II, is related to his service-connected acquired psychiatric disorder (PTSD, depression, anxiety), with an effective date of February 11, 2025. The Board, bound by this favorable finding and absent clear and unmistakable error, granted service connection for diabetes mellitus, Type II, finding the criteria were met throughout the claim period.

Rationale

AOJ favorably found diabetes related to service-connected acquired psychiatric disorder; Board bound by favorable AOJ finding; Criteria for service connection met

Full Decision Text

Citation Nr: A26036527
Decision Date: 04/20/26	Archive Date: 04/20/26

DOCKET NO. 211101-194924
DATE: April 20, 2026

ORDER

Entitlement to service connection for diabetes mellitus, Type II is granted.

FINDING OF FACT

The Veteran has a current diagnosis of diabetes mellitus, Type II, and it is at least as likely as not due to his military service.

CONCLUSION OF LAW

The criteria for entitlement to service connection for diabetes mellitus, Type II have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.104, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from June 1980 to January 1982 and from October 1990 to August 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2021 rating decision.

In the November 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On June 23, 2025, the Veteran's representative withdrew the hearing request.

Therefore, the Board may only consider the evidence of record at the time of the August 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

1. Entitlement to service connection for diabetes mellitus, Type II is granted.

A May 2025 rating decision granted service connection for diabetes mellitus, Type II, secondary to the Veteran's service-connected acquired psychiatric disorder, with an effective date of February 11, 2025.  However, this claim for service connection was already pending before the Board and therefore remains on appeal.  

Service connection will be granted if it is shown that the Veteran suffers from a disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a pre-existing injury suffered or disease contracted in the line of duty, during active military service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.  Establishing service connection generally requires evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability.  See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service connection may also be established on a secondary basis, which requires evidence sufficient to show that a current disability exists and that the current disability results from the service-connected disability. 38 U.S.C. §§ 1110, 1131; Spicer v. McDonough, 61 F.4th 1360, 1364 (Fed. Cir. 2023) (holding that section 1110 "requires compensation when a service-connected disease or injury is a but-for cause of a present-day disability").

In the May 2025 rating decision, the AOJ favorably found that the Veteran's diabetes mellitus, Type II, is related to his service-connected disability of an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety.  See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303, 3.304.  Absent clear and unmistakable error, which is not present here, the Board is bound by this favorable finding. 
Fed. Cir. 2023) (holding that section 1110 "requires compensation when a service-connected disease or injury is a but-for cause of a present-day disability").

In the May 2025 rating decision, the AOJ favorably found that the Veteran's diabetes mellitus, Type II, is related to his service-connected disability of an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety.  See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303, 3.304.  Absent clear and unmistakable error, which is not present here, the Board is bound by this favorable finding.  38 C.F.R. § 3.104.

The rating decision on appeal denied service connection for diabetes mellitus, Type II for two reasons.  First, the evidence did not show a relevant event, disease, or injury in service.  Service treatment records showed no evidence of diabetes mellitus.  Second, the evidence did not show that the Veteran's diabetes mellitus, Type II had manifested to a compensable degree within the time frame necessary to qualify for presumptive service connection.  August 2021 rating decision; see 38 C.F.R. § 3.307.  

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Subsequent to the August 2021 rating decision, the Veteran was granted service connection for an acquired psychiatric disorder, to include PTSD, depression, and anxiety, with an effective date of October 9, 2016.  November 2023 rating decision.  Then, as stated, the AOJ found that the Veteran's diabetes mellitus, Type II was related to the acquired psychiatric disorder.  May 2025 rating decision.  

The Veteran filed his initial claim for service connection for diabetes mellitus, Type II in April 2021.  April 2021 VA 21-526EZ, Fully Developed Claim (Compensation).  Given the favorable findings noted above, the criteria for service connection for diabetes were met throughout the claim period.  Service connection for diabetes mellitus, Type II is granted.

 

L. STEPANICK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Dunn

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.