Diabetes as Secondary to Sleep Apnea and Hypertension - These articles have been used to successfully award a claim for DMII secondary to SC Sleep Apnea and Hypertension. Pertinent sections have been highlighted.
Article 1 - Obstructive Sleep Apnea as a Risk Factor for Type 2 Diabetes
Article 2 - Obstructive sleep apnea and incident type 2 diabetes
Article 3 - Sleep Apnea and Glucose Metabolism
Article 4 - Usual Blood Pressure and Risk of New-Onset Diabetes
BVA/CVA decisions that support claims. Pertinent sections have been highlighted.
Fountain v. McDonald - Key points:
Charles v. Principi - Key points
Buchanan v. Nicholson - Key Point
Article 1 - Obstructive Sleep Apnea as a Risk Factor for Type 2 Diabetes
Article 2 - Obstructive sleep apnea and incident type 2 diabetes
Article 3 - Sleep Apnea and Glucose Metabolism
Article 4 - Usual Blood Pressure and Risk of New-Onset Diabetes
BVA/CVA decisions that support claims. Pertinent sections have been highlighted.
Fountain v. McDonald - Key points:
- Since Veteran was not aware that tinnitus was a compensable disability, there was no expectation the Veteran would have made a claim
- It is an error to assume a condition did not exist during service just because the Veteran did not seek medical treatment or note it at an exit exam
- Absence of evidence cannot be considered negative evidence without a proper foundation to demonstrate the silence proves or disproves a relevant fact
Charles v. Principi - Key points
- Ringing of the ears is capable of lay observation - in other words the Veteran is competent to write in a statement that they hearing ringing, buzzing a hiss, clicks, etc....
Buchanan v. Nicholson - Key Point
- Lay evidence by itself can be used to substantiate a claim