Citation Nr: 19166399
Decision Date: 08/27/19	Archive Date: 08/27/19

DOCKET NO. 19-06 758
DATE: August 27, 2019

REMANDED

Entitlement to an initial disability rating in excess of 20 percent for diabetes mellitus, type II, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from March 1968 to January 1970, to include service in Vietnam.  His decorations include the Combat Action Ribbon.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2018 rating decision issued by a Department of Veterans’ Affairs (VA) Regional Office.

Entitlement to an initial disability rating in excess of 20 percent for diabetes mellitus, type II, is remanded.

VA examined the Veteran for purposes of assessing the severity of his diabetes mellitus in December 2017.  Since that time, he has maintained that he has complications from diabetes mellitus which were not considered at the VA examination, including diabetic neuropathy in the lower extremities, high cholesterol, and high blood pressure.  See Notice of Disagreement dated January 2019.

Following additional examinations in May 2019 for hypertension and peripheral neuropathy, the agency of original jurisdiction (AOJ) established service connection for peripheral neuropathy of the lower extremities, each evaluated as 10 percent disabling.  The AOJ also denied service connection for hypertension and hyperlipidemia.  Thus far, the Veteran has not expressed any disagreement with those determinations.

Significantly, however, private medical evidence appears to suggest the presence of additional complications of diabetes.  Specifically, an April 2018 treatment record reflects the presence of chronic skin changes of the posterior left lower extremity.

In light of the Veteran’s assertions, and the apparent evolving nature of his disability, the Board finds that an updated and comprehensive compensation examination is warranted.

Updated records of VA treatment should also be procured.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).  See also Bell v. Derwinski, 2 Vet. App. 611 (1992) (holding that VA is charged with constructive notice of medical evidence in its possession).

This matter is REMANDED for the following action:

1. Obtain copies of records pertaining to any relevant VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record. 

2. After the foregoing development has been completed, arrange to have the Veteran scheduled for a VA diabetes examination.  The examiner should provide a full description of the Veteran’s associated functional impairments as they relate to the relevant rating criteria; to particularly include any associated skin changes that may be present. 

3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Oldroyd, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.