Citation Nr: 21012894
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 11-00 295A
DATE: March 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from February 1962 to February 1982. 

In a May 2019 decision, the Board denied entitlement to a rating in excess of 20 percent for diabetes mellitus with erectile dysfunction. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a May 2020 order, the Court granted a Joint Motion for Partial Remand (JMPR), vacating that portion of the Board decision that denied entitlement to a rating in excess of 20 percent for diabetes mellitus.

The agency of original jurisdiction (AOJ) undertook additional development as directed by the October 2020 Board remand but did not issue a supplemental statement of the case (SSOC) before returning the case to the Board. This matter must be remanded for issuance of an SSOC. 38 C.F.R. § 19.31 (c).

The matters are REMANDED for the following action:

Clarify that all development ordered in the October 2020 Board remand has been completed. Thereafter, readjudicate the Veteran’s claim. If any benefit sought on appeal remains denied, issue a SSOC that considers all evidence added to the record since the February 2019 SSOC.

 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.