Citation Nr: 18141989
Decision Date: 10/12/18	Archive Date: 10/12/18

DOCKET NO. 17-61 080
DATE:	October 12, 2018
REMANDED
The issue of entitlement to benefits under 38 U.S.C. § 1151 for diabetes mellitus, type II, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1974 to December 1975.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Guaynabo, Puerto Rico.
1. Entitlement to Benefits Under 38 U.S.C. § 1151 for Diabetes Mellitus
The Veteran contends that he developed diabetes mellitus, type II, due to taking medication prescribed at the San Juan, Puerto Rico VAMC.  See VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, received December 2013.  A review of the Veteran’s VA treatment records confirm that the Veteran was prescribed topical steroids in order to treat a skin condition.  See, e.g., VA treatment record, dated February 2008.  Although the Veteran was provided a VA examination in September 2014 to determine whether he had diabetes mellitus, type II, that was due to VA-prescribed skin medication, the examiner provided an opinion that oral/injected medication did not result in diabetes.  The examiner did not provide an explicit opinion in regard to topical steroid use and did not explain whether the Veteran had additional disability that was due to the medication prescribed for his skin condition.  The Board herein remands the appeal for an addendum opinion.
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records dated to the present, to specifically include any pharmacy records pertinent to the Veteran’s prescribed skin medication.
2. Forward the record and a copy of this remand to the clinician who provided the September 2014 VA opinion, or, if that clinician is unavailable, to another similarly qualified VA clinician for preparation of an addendum opinion.  The examiner must state whether the Veteran's diabetes is attributable to any – to specifically include, but not limited to, topical – medication prescribed by VA.  The examiner should provide a discussion as to whether diabetes, or any increase in diabetes, was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part in furnishing the treatment or owing to an event that was not reasonably foreseeable.
3. After completion of the above, review the expanded record, including the evidence entered since the most recent statement of the case, and determine whether compensation under 38 U.S.C. § 1151 may be granted.  If the benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case.  The appropriate period should be allowed for response before the appeal is returned to the Board.     
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. G. LeMoine, Associate Counsel