Citation Nr: 20021455
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 19-34 958
DATE: March 25, 2020

REMANDED

The appeal for an increased initial rating for diabetes mellitus type II is remanded.

The appeal for an effective date earlier than June 20, 2018 for diabetes mellitus type II is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1966 to June 1968 with service in the Republic of Vietnam. 

These matters are before the Board of Veterans’ Appeals (Board) on appeal from a July 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

1. The appeal for an increased initial rating for diabetes mellitus type II is remanded.

This issue is inextricably intertwined with the Veteran’s other remanded issues; accordingly, it must be remanded as well.

2. The appeal for an effective date earlier than June 20, 2018 for diabetes mellitus type II is remanded.

The Veteran has asserted that he filed an informal claim for diabetes mellitus type two within his VA treatment records between September 2002 and December 2016. The Board notes, there are no VA treatment records between the Veteran’s initial consultation for the Agent Orange registry in September 2002 and October 2014 when the Veteran was diagnosed with diabetes mellitus type II. A remand is necessary because there appear to be missing VA treatment records within the claims file. The Board is unable to render a complete opinion without the missing records. 

The matters are REMANDED for the following action:

1. Please note that, by law, ALL remanded claims MUST be processed expeditiously.

2. Obtain all outstanding VA treatment records between September 2002 and present. Send the Veteran a letter asking him to identify all treatment providers for the issues on appeal, to include VA medical centers he attended for treatment and diagnosis of his diabetes mellitus type 2, and to authorize VA to obtain available records for association with the claims file. If VA treatment records are unavailable, any negative responses must be associated with the claims file. 

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Williams, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.