Citation Nr: 18152309
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 16-53 747
DATE:	November 21, 2018
REMANDED
Entitlement to an increased rating in excess of 20 percent for diabetes mellitus II is remanded.
REASONS FOR REMAND
The Veteran served in the Army from January 1966 to January 1969. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to an increased rating in excess of 20 percent for diabetes mellitus II is remanded.
The Veteran has contended that his diabetes mellitus is worse than currently rated, and has specifically requested a 40 percent disability rating. 
The Veteran’s last, and only, VA examination for diabetes was conducted in April 2016. This VA examination noted that the Veteran did not require regulation of activities as part of the medical management of his diabetes. The RO used this single examination as grounds to deny the Veteran the 40 percent disability rating. So while the Veteran was given an initial VA examination to assess whether or not he could be service connected for his diabetes mellitus II, he was not given a separate VA examination to assess the current severity of his diabetes.
A June 2018 brief from the Veteran’s representative noted that the Veteran “was not afforded a compensation and pension examination to provide signs and symptoms to include his regulation of activities.”
The Board has held that, where the record does not adequately reveal the current state of claimant’s disability, fulfillment of the statutory duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the last examination. Allday v. Brown, 7 Vet. App. 517, 526 (1995).
Therefore, the Board finds that a contemporaneous examination is necessary to determine the Veteran’s current level of impairment with regard to his service-connected diabetes mellitus II. See Snuffer v. Gober, 10 Vet. App. 400 (1997).
The matter is REMANDED for the following action:
1. Obtain the Veteran’s complete VA treatment records dating from April 2016 to present, and associate them with the claims file.
2. Request that the Veteran submit or authorize for release any further private treatment records.
3. Schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected diabetes mellitus, type II. The entire claims file should be reviewed by the examiner.
All signs and symptoms necessary for rating the Veteran’s diabetes should be reported in detail, including whether it requires the regulation of activities (avoidance of strenuous occupational and recreational activities) and any complications due to diabetes.
The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached.
4. After completing any other development deemed necessary, readjudicate the claim on appeal. If the matter is not resolved to the Veteran’s satisfaction furnish him and his representative a supplemental statement of the case, and provide an opportunity to respond before the case is returned to the Board.
 
Michael Pappas
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Garrett H. Mulrain, Associate Counsel