Citation Nr: 21011173
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 15-27 292A
DATE: March 1, 2021

REMANDED

Entitlement to a disability rating higher than 20 percent for diabetes mellitus, type II, is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1961 to January 1967 and from January 1970 to February 1978.  He is the recipient of a Bronze Star Medal and an Army Commendation Medal.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

This matter was previously before the Board in December 2017, at which time it was remanded for further evidentiary development.  A Supplemental Statement of the Case (SSOC) was issued in July 2020. 

Initially, the Board observes that since the Regional Office last considered the claims on appeal, additional evidence has been added to the Veteran’s claims file without a waiver of the Agency of Original Jurisdiction (AOJ) consideration of this evidence.  These records consist of additional VA treatment records including discussion of work and A1C readings. 

Because the AOJ has not yet considered this additional evidence and because the Veteran has not waived initial AOJ consideration of this additional evidence, a remand is necessary.  

Accordingly, the matters are REMANDED for the following action:

(Please note, this appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c).  Expedited handling is requested).

Issue an SSOC which reflects consideration of all additional evidence of record since the most recent adjudication in the July 2020 SSOC as to entitlement to a disability rating higher than 20 percent for diabetes mellitus and entitlement to a total disability based upon individual unemployability (TDIU).  

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Krista Johnson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.