Citation Nr: 21064840
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 11-23 314
DATE: October 21, 2021

REMANDED

Entitlement to an evaluation rating in excess of 20 percent prior to June 21, 2021, and an evaluation rating in excess of 40 percent since June 21, 2021, and thereafter, for diabetes mellitus type II, with diabetic retinopathy, hypertension and erectile dysfunction is remanded.  

Entitlement to individual unemployability prior to May 24, 2016 is remanded.  

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from March 1966 to April 1970 and in the Army from December 1990 to May 1991.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  

1. Entitlement to an evaluation rating in excess of 20 percent prior to June 21, 2021, and an evaluation rating in excess of 40 percent since June 21, 2021 and thereafter, for diabetes mellitus type II, with diabetic retinopathy, hypertension and erectile dysfunction is remanded.  

2. Entitlement to individual unemployability prior to May 24, 2016 is remanded.  

The Veteran seeks an increased rating for his service-connected diabetes mellitus.  VA received the Veteran's informal claim for an increased rating for his service-connected diabetes condition on September 3, 2009.  The Veteran was granted special monthly compensation (SMC) based on loss of use of creative organ from September 3, 2009, in the February 2010 rating decision.  Also in the February 2010 rating decision, the Veteran was granted service connection for separate diabetic complications that included mild renal azotemia/insufficiency, erectile dysfunction, and diabetic neuropathy in the right lower extremity and left lower extremity.  Next, in a July 2021 rating decision, entitlement to individual unemployability was granted, effective May 24, 2016.  Basic eligibility for Dependents' Educational Assistance was established from May 24, 2016.  The Board notes that the diabetes mellitus is currently evaluated as diabetes mellitus type II with diabetic retinopathy, hypertension, and erectile dysfunction, as these noncompensable diabetic complications are considered part of the diabetic process.    

Further, the Veteran has separate compensable ratings for mild renal azotemia/insufficiency, trigger finger, long (middle) finger left hand and trigger finger, ring finger both hands and diabetic neuropathy of the bilateral lower extremity all associated with diabetes mellitus type II with diabetic retinopathy, hypertension, and erectile dysfunction.  However, these issues have not been appealed to the Board.  

The matter first appeared before the Board in June 2016 at which time the issues were remanded to the RO to afford the Veteran a VA examination of his condition as the evidence indicated that condition seemed to have worsened and to determine whether the Veteran's service-connected disabilities, either alone or acting in concert with each other, preclude him from securing and following substantially gainful employment consistent with his education and occupational experience.  Such further development has taken place.  

However, the Board notes that a Social Security Administration (SSA) benefits profile for the Veteran was associated with the claims file in March 2021.  However, the underlying medical records, if any, have not been associated with the claims file.  Hence, remand is warranted to obtain such records.  

The matters are REMANDED for the following action:

1. Obtain any updated treatment records and associate those records with the claims file.  

2. Request all documents pertaining to any application by the Veteran for Social Security Administration disability benefits, including the medical records considered in deciding the claim.  If any requested records are unavailable, the Veteran and his representative should be notified of such.  

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Q. Alli, 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.