Citation Nr: 20036743 Decision Date: 05/28/20 Archive Date: 05/28/20 DOCKET NO. 19-05 852A DATE: May 28, 2020 REMANDED Entitlement to a disability rating in excess of 20 percent for diabetes mellitus, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1967 to May 1971. This appeal is before the Board of Veterans’ Appeals (Board) from a July 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). The RO issued a July 2017 rating decision (RD) denying the Veteran entitlement to an increased rating for his service-connected diabetes. He then filed a timely notice of disagreement (NOD) in January 2018. The RO issued a statement of the case (SOC) in February 2019 and the Veteran filed a timely Form-9 in March 2019 requesting the Board to review and adjudicate his claim. Subsequently, the Veteran was afforded a June 2019 VA diabetes examination and a June 2019 VA diabetic sensory-motor peripheral neuropathy examination. However, the Agency of Original Jurisdiction (AOJ) did not readjudicate the Veteran's claim with consideration of this relevant evidence in a supplemental statement of the case (SSOC). Rather, the issue was certified to the Board in October 2019. When additional evidence is received after the SOC but before certification and the evidence is pertinent and not duplicative, the AOJ must furnish a SSOC as provided in 38 C.F.R. § 19.31(b)(1). In this case, the AOJ did not issue a SSOC taking into consideration the two June 2019 VA examination reports that were received after the February 2019 SOC and before the October 2019 Board certification. Nor does the record contain any indication that the Veteran waived entitlement to the due process associated with an SSOC; and otherwise waive the RO’s review of the evidence prior to Board consideration of it. Additionally, although not developed as part of the July 2017 RD and February 2019 SOC, since the Veteran is currently rated under Diagnostic Code 7913, any diabetic complications associated with his service-connected diabetes, to include diabetic neuropathy, are part and parcel of an increased rating claim for service-connected diabetes. See 38 C.F.R. § 4.119, Diagnostic Code 7913, Note (1). As such, since the two June 2019 VA examination reports are not duplicative of evidence previously received and are highly relevant to the issue on appeal, the Veteran's claim must be remanded to the AOJ for consideration of this additional evidence in a supplemental statement of the case. See 38 C.F.R. § 19.31. The matters are remanded for the following actions: 1. Obtain any ongoing VA treatment records. Should they exist, associate them with the claims file. 2. After completing the above and any other development deemed necessary, review the claims file, to specifically include the two June 2019 VA examination reports pertinent to the Veteran's claim for an increased rating in excess of 20 percent for his service-connected diabetes. 3. Readjudicate the Veteran's claim for an increased rating in excess of 20 percent for his service-connected diabetes, including any complications such as diabetic neuropathy. If the full benefits requested are not granted issuee a supplemental statement of the case (SSOC) and an appropriate period of time should be allowed for response. The Veteran has the right to submit additional evidence and argument on the matter that the Board has remanded. See Kutscherousky v. West, 12 Vet. App. 369, 372 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded for additional development or other appropriate action by the Board or United States Court of Appeals for Veterans Claims must be handled in an expeditious manner. 38 U.S.C. §§ 5109B, 7112. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Law Clerk, Tyler R. Masters 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.