Citation Nr: 21001042
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 19-13 404
DATE: January 6, 2021

REMANDED

The issue of a rating greater than 20 percent for service-connected diabetes mellitus, type II with erectile dysfunction is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1965 to July 1969. 

This matter comes before the Board of Veterans’ Appeals (Board) from an December 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran submitted a Notice of Disagreement (NOD) in June 2018 and a Statement of the Case (SOC) was issued in April 2019.  The Veteran perfected an appeal by submitting a timely VA Form 9 in May 2019. 

The Veteran testified at a July 2020 Board hearing.  A transcript of that hearing has been associated with the record.

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902(c).  38 U.S.C. § 7107(b).

1. The issue of a rating greater than 20 percent for service-connected diabetes mellitus, type II with erectile dysfunction is remanded.

At the July 2020 hearing, the Veteran testified that his service-connected diabetes mellitus, type II with erectile dysfunction (“diabetes”) worsened since the last VA examination in November 2017.  The Veteran testified that he was taking more units of insulin and that his glucose numbers worsened.  The Veteran’s representative also contended that the Veteran’s physical limitations due to diabetes and resulting diabetic neuropathy limited the Veteran’s activities.

The Veteran also testified that he was receiving treatment for his diabetes at a private medical facility.  The most recent treatment record from the private facility is from May 2017.  Similarly, the most recent VA Medical Center treatment record related to the Veteran’s diabetes is the November 2017 VA examination.  There is no medical evidence of record relevant to the Veteran’s contention that his diabetes worsened since the November 2017 VA examination.   

In light of the Veteran’s testimony and the fact that the most recent VA examination was more than 3 years ago, the Board finds that the Veteran should be afforded a new VA examination to obtain contemporaneous, pertinent information to assess the current nature and severity of his service-connected diabetes.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).

The matters are REMANDED for the following action:

1. With any necessary assistance from the Veteran, obtain any VA and/or private treatment records the Veteran identifies as pertinent to his claim on appeal.

2. Schedule the Veteran for a new VA examination as to the severity of his service-connected diabetes mellitus type II with erectile dysfunction.  All necessary tests should be conducted.  The claims file must be sent to the examiner for review.

The examiner should examine the Veteran and render findings in accordance with the currently applicable disability benefits questionnaire.  All opinions must be supported by a detailed rationale.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Yun

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.