Citation Nr: 20026030
Decision Date: 04/15/20	Archive Date: 04/15/20

DOCKET NO. 19-02 950
(DATE: April 15, 2020

REMANDED

Entitlement to an increased rating for hypertension is remanded.

Entitlement to an increased rating for diabetic nephropathy including hypertension is remanded.

Entitlement to an increased rating for depressive disorder is remanded.

Entitlement to service connection for anxiety disorder is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1969 to February 1971.  

This case comes before the Board of Veterans’ Appeals (“Board”) on appeal of a September 2018 rating decision which granted service connection for diabetic nephropathy (with hypertension) with an evaluation of 60 percent effective June 6, 2018, and for depressive disorder with an evaluation of 30 percent effective June 6, 2018, but which denied service connection for anxiety disorder.  During the pendency of this appeal, the Veteran also filed a VA Form 21-8940, formally seeking an entitlement to a rating of TDIU.  Additionally, the Veteran’s depressive disorder was granted a staged rating by virtue of an April 2019 rating decision, increasing his evaluation to 50 percent effective March 25, 2019.

The Veteran was issued a Supplemental Statement of the Case (SSOC) in April 2019.  After the SSOC was issued, the Veteran was granted an increased rating to 80 percent, effective March 12, 2019, for diabetic nephropathy with hypertension, pursuant to an August 2019 rating decision.

1. Entitlement to an increased rating for hypertension is remanded.

2. Entitlement to an increased rating for diabetic nephropathy including hypertension is remanded.

3. Entitlement to an increased rating for depressive disorder is remanded.

4. Entitlement to service connection for anxiety disorder is remanded.

5. Entitlement to a TDIU is remanded.

The Board observes that since the Agency of Original Jurisdiction (AOJ) last adjudicated the Veteran’s appeal in an April 2019 SSOC additional evidence has been added to the record.  Specifically, May 2019 VA examination reports relevant to all of the issues on appeal were associated with the record.

The Board sent the Veteran a letter to clarify whether he wanted to waive AOJ consideration of the newly submitted evidence.  The Veteran responded to the letter and indicated his desire to have the appeal remanded so that the AOJ could review the newly submitted evidence.  Under 38 C.F.R. § 20.1304(c), any pertinent evidence submitted without a waiver is to be referred to the AOJ.  For this reason, the Board is remanding this case for AOJ review of the additional evidence.

The matters are REMANDED for the following action:

Readjudicate the Veteran’s claims for increased rating for hypertension, increased rating for diabetic nephropathy, increased rating for depression, service connection for anxiety, and the inextricably intertwined issue of entitlement to a TDIU based on the entirety of the evidence, to specifically include all May 2019 VA examination reports.  If any relief sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).

 

 

R.R. Watkins

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael B. Engle, 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.