Citation Nr: 18151821 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 16-25 897 DATE: November 20, 2018 REMANDED Entitlement to a compensable disability rating for service-connected erectile dysfunction is remanded. Entitlement to a disability rating in excess of 20 percent for service-connected diabetes mellitus type II is remanded. Entitlement to a disability rating in excess of 20 percent for service-connected peripheral neuropathy, left upper extremity is remanded. Entitlement to a disability rating in excess of 30 percent for service-connected peripheral neuropathy, left lower extremity is remanded. Entitlement to a disability rating in excess of 30 percent for service-connected peripheral neuropathy, right lower extremity is remanded. Entitlement to a disability rating in excess of 20 percent for service-connected diabetic neuropathy, right upper extremity is remanded. Entitlement to an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from October 1966 to March 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision and an October 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas (Agency of Original Jurisdiction (AOJ)). The Veteran initially filed a claim for TDIU in October 2010 claiming unemployability due to diabetes mellitus. The AOJ deferred this issue in a March 2013 rating decision and ultimately denied the claim in an April 2013 rating decision. The Veteran filed a timely Notice of Disagreement and perfected his appeal. While this issue was pending on appeal before the Board, the AOJ granted the Veteran’s claim for TDIU in an October 2016 rating decision effective February 16, 2011. The Veteran, however, filed a Notice of Disagreement to this decision in October 2017 (though technically past the one-year deadline, the AOJ has considered this notice to be timely based on their notification letter dated October 20, 2017). The Board’s Veterans Appeals Control and Locator System (VACOLS), which is an automated database for tracking appeals, reflects that the AOJ has acknowledged the NOD, is continuing to develop the claim and will issue the Veteran a Statement of the Case (SOC) if the claim is not granted in full. As such, the situation is distinguishable from Manlincon v. West, 12 Vet. App. 238 (1999), where a NOD had not been recognized. As VACOLS reflects that the NOD has been recognized and that additional action is pending, Manlincon is not applicable in the present case. Therefore, this claim remains under the jurisdiction of the AOJ at this time. 1. Entitlement to a compensable disability rating for service-connected erectile dysfunction is remanded. 2. Entitlement to a disability rating in excess of 20 percent for service-connected diabetes mellitus type II is remanded. 3. Entitlement to a disability rating in excess of 20 percent for service-connected peripheral neuropathy, left upper extremity is remanded. 4. Entitlement to a disability rating in excess of 30 percent for service-connected peripheral neuropathy, left lower extremity is remanded. 5. Entitlement to a disability rating in excess of 30 percent for service-connected peripheral neuropathy, right lower extremity is remanded. 6. Entitlement to a disability rating in excess of 20 percent for service-connected diabetic neuropathy, right upper extremity is remanded. The Veteran seeks increased ratings for the following service-connected disabilities: erectile dysfunction, diabetes mellitus type II, and peripheral neuropathy of the bilateral upper and bilateral lower extremities; he is also seeking an earlier effective date for the grant of TDIU. The Board notes that since the claims were certified to the Board in November 2016, additional VA clinic records were added to the file. These records include evidence of uncontrolled glucose as well as treatment for his peripheral neuropathy. The Board is also aware of two Reports of Hospitalization, one of which is related to hyperkalemia. To ensure thoroughness, the Board will remand to obtain these treatment records that are missing from the file as they are potentially relevant to the appeal at hand. Additionally, the Board will also remand to request new examinations to determine the current severity of his erectile dysfunction, diabetes mellitus type II, and peripheral neuropathy. The matters are REMANDED for the following action: 1. The AOJ shall associate the Veteran’s most recent outstanding VA medical treatment records with his file, specifically those records from September 2017 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment providers that have treated him for erectile dysfunction, diabetes mellitus type II, and/or peripheral neuropathy. Thereafter, obtain and associate with the claims folder any private treatment records identified. The Board specifically seeks the University of Maryland medical records from the Veteran’s hospitalizations, as referenced in his CAPRI medical records. 3. Thereafter, schedule the Veteran for a VA compensation examination to determine the nature and severity of his erectile dysfunction. The claims file must be made available to and be reviewed by the examiner. The examiner should specifically indicate whether there is any evidence of internal or external deformity of the penis. 4. Schedule the Veteran for a VA compensation examination to determine the nature and severity of his diabetes mellitus type II. The claims file must be made available to and be reviewed by the examiner. The examiner should specifically review the VA clinic records noting uncontrolled glucose levels and reasons for VA admissions, and provide a rationale as to whether the Veteran’s diabetes mellitus requires regulation of activities and, if so, when such medical requirement began. 5. Thereafter, schedule the Veteran for a VA compensation examination to determine the nature and severity of his peripheral neuropathy of the bilateral upper extremities and peripheral neuropathy of the bilateral lower extremities. The claims file must be made available to and be reviewed by the examiner. 6. Thereafter, readjudicate the claims. If any benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Victoria A. Narducci, Associate Counsel