Citation Nr: 18157664 Decision Date: 12/13/18 Archive Date: 12/13/18 DOCKET NO. 17-03 986 DATE: December 13, 2018 REMANDED Entitlement to an evaluation in excess of 20 percent for diabetes mellitus is remanded. REASONS FOR REMAND To the extent that the Veteran seeks benefits other than on appeal before the Board at this time, he is advised that a specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid or furnished to any individual under laws administered by VA. 38 U.S.C. § 5101 (a); 38 C.F.R. § 3.151(a). For claims received on or after March 24, 2015, VA amended its regulations governing how to file a claim. The effect of the amendment was to standardize the process of filing claims, as well as the forms accepted, to increase the efficiency, accuracy, and timeliness of claims processing, and to eliminate the concept of informal claims. See 38 C.F.R. § 3.155; 79 Fed. Reg. 57660-01. Entitlement to an evaluation in excess of 20 percent for diabetes mellitus is remanded. The Veteran seeks a higher disability evaluation for his service connected diabetes mellitus, currently rated as 20 percent disabling. To ensure VA has met its duty to assist, remand is necessary to obtain outstanding medical records and afford the Veteran another VA examination. 38 C.F.R. § 3.159(c). In a January 2017 statement, the Veteran reported that his diabetes has been treated at Sussex Pulmonary and Endocrine Consultants, PA. A remand is required to allow VA to obtain authorization and request these records, which the Veteran suggests are relevant to his claim. It is noted that, in his January 2017 statement, he reported he must limit his exercise because strenuous activity causes a dangerous drop in his blood sugar. While the available medical evidence of record does not reflect that the Veteran has been advised to restrict his activities by a medical professional, and that medical evidence is required to establish restriction of activities under the applicable schedular criteria, the record is incomplete given that the Veteran’s report of outstanding private records; VA treatment records dated since November 2016 are not associated with the claims folder; and that there are oustanding medical records associated with the Veteran’s Social Security Administration (SSA) claim. A remand is required to allow VA to request these records Additionally, as the Veteran’s recent statements suggests a material worsening of the his diabetes symptoms since his last VA examination, reexamination is necessary. See 38 C.F.R. §§ 3.326, 3.327 (reexaminations will be requested whenever VA determines there is a need to verify the current severity of a disability, such as when the evidence indicates there has been a material change in a disability or that the current rating may be incorrect); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from November 2016 to the Present. 2. Obtain the Veteran’s federal records from the Social Security Administration. Document all requests for information as well as all responses in the claims file. 3. Ask the Veteran to complete a VA Form 21-4142 for Sussex Pulmonary and Endocrine Consultants, PA. Make two requests for the authorized records from Sussex Pulmonary and Endocrine Consultants, PA, unless it is clear after the first request that a second request would be futile. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected diabetes mellitus. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. Additionally, the examiner is asked to note any medical conditions secondary to the Veteran’s diabetes mellitus (e.g. diabetic neuropathy, diabetic retinopathy, etc.). C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. D. Anderson, Counsel