Citation Nr: 21070540
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 15-17 560
DATE: November 24, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for diabetes mellitus, type II is remanded.

Entitlement to an initial compensable separate rating for glaucoma associated with diabetes mellitus, type II is remanded.

Entitlement to an effective date prior to July 18, 2005 for the grant of service connection for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to initial ratings for PTSD in excess of 30 percent prior to August 14, 2012 and in excess of 70 percent thereafter is remanded.

Entitlement to a total disability rating based on unemployability due to service-connected disabilities (TDIU) prior to August 14, 2012 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to December 1967. 

The Board previously remanded the issue for further development in January 2019. The case has now been returned to the Board for appellate review.  

1.  	Initial evaluation for diabetes mellitus, type II

2.  	Initial compensable separate rating for glaucoma associated with diabetes mellitus, type II

3.  	Earlier effective date for the grant of service connection for PTSD

4.  	Initial evaluation for PTSD

5.  	TDIU prior to August 14, 2012

The January 2019 remand directed the AOJ to readjudicate the claims on appeal after additional development is completed. However, the evidence in the claims file indicates that the AOJ has not done so; in particular, no supplemental statement of the case has been issued on those issues on appeal. Stegall v. West, 11 Vet. App. 268, 271 (1998). 

The matters are REMANDED for the following action:

After the remand development directed by the January 2019 Board remand is complete, readjudicate the issues of initial increased rating for diabetes mellitus, type II, initial compensable separate rating for glaucoma associated with diabetes mellitus, type II, earlier effective date for the grant of service connection for PTD, increased initial rating for PTSD, and TDIU prior to August 14, 2012. If the decision is adverse to the Veteran, issue a supplemental statement of the case, allow the appropriate time for a response, and then return the case to the Board for further appellate action.

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. Taylor

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.