Citation Nr: 18141758
Decision Date: 10/11/18	Archive Date: 10/11/18

DOCKET NO. 12-30 402
DATE:	October 11, 2018
REMANDED
The issue of entitlement to service connection for a heart disorder is remanded.
The issue of entitlement to service connection for palatal gingiva pseudo epitheliomatous hyperplasia is remanded.
REFERRED
The issue of entitlement to service connection for diabetes mellitus is again referred to the Agency of Original Jurisdiction (AOJ) for adjudication. 
REASONS FOR REMAND
The Veteran served in the U.S. Army from October 1974 to October 1994. 
A total rating based on individual unemployability has been in effect since January 2011.
In July 2016, the Veteran was afforded a hearing at the VA Central Office before the undersigned Veterans Law Judge. 
The issues of entitlement to service connection for a heart disorder and for palatal gingiva pseudo epitheliomatous hyperplasia are remanded.
The matters are REMANDED for the following action:
1. Remand is required to ensure compliance with the Board’s prior remand directives. The RO’s compliance with the Board’s remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). In June 2017, the Board directed the RO to associate with the file any VA treatment records not already of record pertaining to the treatment of the Veteran for the issues on appeal. The RO uploaded VA treatment records beginning on April 29, 2015. The last upload of records, however, ended on September 13, 2012. Therefore, records between those dates are missing from the file and must be obtained.
The RO is directed to associate with the Veteran’s file VA treatment records dated between September 13, 2012, and April 29, 2015.
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2. Readjudicate the issues on appeal. If any benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board.
 
Vito A. Clementi
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. E. Miller, Associate Counsel