Citation Nr: 21003011
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 13-34 451
DATE: January 19, 2021

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 in the United States Army from April 1968 until April 1970. 

This matter was most recently before the Board in July 2019. There has not been substantial compliance with the prior remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998). 

1. Entitlement to a disability rating in excess of 20 percent for diabetes mellitus is remanded.

Additional evidence was added to the record after issuance of the most recent supplemental statement of the case (SSOC) but before the folder was transferred to the Board. 

In June 2020, the agency of original jurisdiction (AOJ) readjudicated the matter and issued a rating decision and SSOC. The SSOC listed treatment records from VAMC Syracuse and Rome CBOC dated April 2004 to June 2020 as evidence reviewed. However, additional, pertinent VA treatment records from Rome CBOC dated July 2020 were subsequently added to the file on July 20, 2020. A notification letter sent to the Veteran on July 21, 2020 indicates his appeal was returned to the Board on that day. Because additional, pertinent VA treatment records were added to the file following issuance of the most recent SSOC and no waiver was obtained by the AOJ, the matter must be returned to the AOJ to allow for consideration of the additional evidence in the first instance. On remand, the AOJ should readjudicate the claim in light of the evidence added to the claims folder since the issuance of the June 2020 SSOC.  

Additionally, updated treatment records should be obtained. Bell v. Derwinski, 2 Vet. App. 611 (1992). 

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records for the period from July 2020 to the present. Ask the Veteran to complete a VA Form 21-4142 for any medical treatment related to this diabetes mellitus. Make two requests for the authorized records from any physician or facility identified, unless it is clear after the first request that a second request would be futile.

2. After completion of the above, review the expanded record, including evidence entered since the most recent supplemental statement of the case, conduct any additional development indicated, if any, and readjudicate the claim. If necessary, return the appeal to the Board for further appellate review. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M.D. Collins, 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.