Citation Nr: 21074993
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 14-09 151
DATE: December 17, 2021

REMANDED

An initial rating higher than 20 percent for diabetes mellitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1982 to December 1992; from August 12,2007 to October 31, 2007; from November 5, 2007 to December 28, 2007; from January 8,2008 to February 15, 2008; and from August 2008 to August 2009.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO).

Increased Rating

While the Board regrets additional delay, remand is required for a new VA examination.  VA's duty to assist includes obtaining evidence necessary to substantiate the claim, which may include a thorough and contemporaneous medical examination.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159; Green v. Derwinski, 1 Vet. App. 121, 124 (1991).

The Veteran received a March 2021 VA examination.  The diabetes VA examination requires the examiner to address all diabetes complications.  A July 2019 VA treatment record diagnosed unspecified diabetic retinopathy.  The March 2021 VA examination did not address diabetic retinopathy.  Additionally, the diagnosis of diabetic retinopathy requires an eye examination completed by an ophthalmologist or optometrist.  The March 2021 VA examination is not adequate to rate the Veteran's diabetes.  Accordingly, remand is required for a current VA examination that addresses all the Veteran's diabetic complications.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from October 2021 to Present.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected diabetes, including all complications (including a separate examination for diabetic retinopathy, by an ophthalmologist or optometrist).  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bruton, C

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.