Citation Nr: 21070899 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 20-15 111A DATE: November 26, 2021 REMANDED Whether the severance of service connection for hypertension was proper, is remanded. Whether the severance of service connection for diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for bilateral diabetic retinopathy secondary to diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for stage V renal disease with hypertension secondary to diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for left upper extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for right upper extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for left lower extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. Whether the severance of service connection for right lower extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. The propriety of the effective date of May 31, 1994, for the severance of service connection for hypertension is remanded. The propriety of the effective date of July 1, 1996, for the severance of service connection for diabetes mellitus type II, is remanded. The propriety of the effective date of March 3, 2006, for the severance of service connection for stage V renal disease with hypertension, is remanded. The propriety of the effective date of October 22, 2007, for the severance of service connection for bilateral diabetic retinopathy, is remanded. The propriety of the effective date of July 17, 2015, for the severance of service connection for right upper extremity peripheral neuropathy, is remanded. The propriety of the effective date of December 17, 2012, for the severance of service connection for left upper extremity peripheral neuropathy, is remanded. The propriety of the effective date of December 17, 2012, for the severance of service connection for right lower extremity peripheral neuropathy, is remanded. The propriety of the effective date of December 17, 2012, for the severance of service connection for left lower extremity peripheral neuropathy, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1976 to August 1979, March 1981 to March 1986, and June 1988 to May 1992. The case is on appeal from a July 2018 rating decision. In March 2021, the Veteran testified at a Board hearing before the undersigned. 1. Whether the severance of service connection for hypertension was proper, is remanded. 2. Whether the severance of service connection for diabetes mellitus type II was proper, is remanded. 3. Whether the severance of service connection for bilateral diabetic retinopathy secondary to diabetes mellitus type II was proper, is remanded. 4. Whether the severance of service connection for stage V renal disease with hypertension secondary to diabetes mellitus type II was proper, is remanded. 5. Whether the severance of service connection for left upper extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. 6. Whether the severance of service connection for right upper extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. 7. Whether the severance of service connection for left lower extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. 8. Whether the severance of service connection for right lower extremity peripheral neuropathy secondary to diabetes mellitus type II was proper, is remanded. Issues 1-8 are remanded to attempt to obtain the investigation file from VA's Office of Inspector General (OIG). An August 2016 rating decision granted service connection for diabetes, hypertension, renal disease, retinopathy, and peripheral neuropathy. The RO determined that service connection for diabetes and hypertension was established as directly related to service. The RO found that "service treatment records have been associated with your file and it is noted that you were diagnosed with hypertension while on active duty." (The RO granted service connection for renal disease, retinopathy, and peripheral neuropathy as secondary to diabetes.) An April 2018 rating decision proposed to sever service connection. The rating decision explained that the grants of service connection were based on a record submitted by the Veteran, Standard Form 600, Chronological Record of Medical Care, dated September 2, 1991, which reflected an in-service diagnosis of diabetes and hypertension. The RO explained that, although the record is dated September 2, 1991, the document reveals a revision (publish) date of November 2010, which shows that it is a misrepresentation of fact. The July 2018 rating decision on appeal made the severances final. The RO reiterated the reasons discussed in the proposed action, but stated expressly that the severance was due to fraud. The Veteran disputes this severance. He now acknowledges that the September 1991 record was falsified, but maintains that it was done by a nurse with no intent to defraud on his part. See Board Hr'g Tr. 4, 7. He argues in support that a "federal fraud investigation" was conducted, but it did not find sufficient evidence to warrant criminal charges. Board Hr'g Tr. 10. The Veteran's testimony indicating an "federal fraud investigation" most likely refers to an investigation of the matter by VA's OIG. To this end, there was likely a file produced even if the matter did not result in the filing of criminal charges. That file would be relevant in this appeal. At present, however, it appears there have been no efforts to obtain it and associated with the claims file. Upon remand, this action is necessary. 9. The propriety of the effective date of May 31, 1994 for the severance of service connection for hypertension, is remanded. 10. The propriety of the effective date of July 1, 1996, for the severance of service connection for diabetes mellitus type II, is remanded. 11. The propriety of the effective date of March 3, 2006, for the severance of service connection for stage V renal disease with hypertension, is remanded. 12. The propriety of the effective date of October 22, 2007, for the severance of service connection for bilateral diabetic retinopathy, is remanded. 13. The propriety of the effective date of July 17, 2015, for the severance of service connection for right upper extremity peripheral neuropathy, is remanded. 14. The propriety of the effective date of December 17, 2012, for the severance of service connection for left upper extremity peripheral neuropathy, is remanded. 15. The propriety of the effective date of December 17, 2012, for the severance of service connection for right lower extremity peripheral neuropathy, is remanded. 16. The propriety of the effective date of December 17, 2012, for the severance of service connection for left lower extremity peripheral neuropathy is remanded. The development and decision on the remanded severance issues will directly impact a decision on the effective date issues 9-16. Therefore, the issues are inextricably intertwined, and a remand of effective date issues is required. (Continued on the next page) The matters are REMANDED for the following action: Contact VA's Office of Inspector General (or any other potential records custodian) for a copy of all information, including any documents and testimony, pertaining to OIG's investigation into this matter. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bosely, 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.