Citation Nr: 21011663
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 15-08 831A
DATE: March 2, 2021

REMANDED

Entitlement to an initial rating in excess of 10 percent for residuals of transient ischemic attack from August 1, 2012, is remanded.

Entitlement to a rating in excess of 20 percent for diabetes mellitus type II with erectile dysfunction is remanded.

Entitlement to a separate rating for diabetic nephropathy prior to August 30, 2016, and an initial rating in excess of 60 percent on and after August 30, 2016, is remanded.

REASONS FOR REMAND

In September 2020, following the August 2020 SSOC, updated, relevant VA medical treatment records were associated with the electronic claims folder.  In December 2020, the Veteran was asked whether he would waive RO consideration of that additional evidence and was advised that if he did not respond, the case would be returned to the RO for readjudication based on that additional evidence.  38 C.F.R. § 20.1305(c).  The Veteran did not respond, and the Board is required to return the case to the RO for review of the additional relevant evidence.  

Moreover, the updated VA treatment records show that the Veteran identified current private treatment regarding his diabetes mellitus type II, and reveal that the Veteran was recently hospitalized at Eastside Medical Hospital and that he was started on dialysis for his nephropathy.  Thus, the Board finds that the Veteran should be provided release forms to request any relevant private treatment records.  

Finally, the Board notes that the Veteran was last provided a VA examination for his nephropathy in December 2019.  The December 2019 VA examination report shows that the Veteran did not receive dialysis.  Since that time, the VA treatment records indicate that the Veteran now receives dialysis for his nephropathy.  Given the evidence of worsening symptoms, the Board finds that a new VA examination for nephropathy is required.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997)

The matters are REMANDED for the following action:

1. Contact the Veteran and request properly executed, releases for any private care providers who have treated him for any claimed conditions. Releases for the Eastside Medical Hospital and diabetes providers should be specifically requested.

Upon receipt of such, VA must take appropriate action to contact the identified providers and request complete treatment records.  The Veteran should be informed that in the alternative he may obtain and submit the records himself.

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2. Thereafter, schedule the Veteran for a VA examination for his service-connected nephropathy.  The examiner must review the electronic claims folder and identify all findings relevant to the Veteran’s nephropathy.

3. Following completion of the above and any other development deemed necessary, readjudicate the matters on appeal.  If the benefits sought remain denied, issue an SSOC considering all evidence of record associated with the claims file since July 2020.  After an appropriate time for response, return the matters to the Board for review, if in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Seay, 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.