Citation Nr: 21013086
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 15-46 596
DATE: March 8, 2021

REMANDED

The issue of entitlement to an initial evaluation in excess of 20 percent disabling for service-connected diabetes mellitus type II, is remanded.

The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1970 to June 1972, and from March 1974 to September 1975.

In March 2021, the Veteran and his spouse testified under oath before the undersigned Veterans Law Judge at a videoconference hearing.

1. Entitlement to an initial evaluation in excess of 20 percent disabling for service-connected diabetes mellitus type II.

The Board finds that remand is needed in this matter.  First, at the March 2021 videoconference hearing, the Veteran testified that his service-connected disability has worsened.  Under these circumstances, VA cannot rate the service-connected disability without further medical clarification.  Hence, the Veteran is entitled to a new VA examination.  See, e.g., Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994).  In particular, the Board asks that an examiner address any secondary disabilities that have developed as a result of the Veteran’s service-connected diabetes mellitus type II.

In addition, the Board notes that there may be outstanding VA treatment records to be obtained and associated with the claim file.

2. Entitlement to a TDIU.

The issue of entitlement to a TDIU is inextricably intertwined with the other issue on appeal.  Accordingly, remand is appropriate.

The matters are REMANDED for the following action:

1. After securing any necessary consent forms from the Veteran, obtain any outstanding VA treatment records.  All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

2. Upon completion of the above, schedule the Veteran for a VA examination in order to address the current severity of his service-connected diabetes mellitus type II.

In particular, the Board asks that the examiner address any secondary disabilities that have developed as a result of the Veteran’s service-connected diabetes mellitus type II.

The Board also asks that the examiner address the impact of the service-connected diabetes mellitus type II on his employability.

The VA examiner should be given access to the claim file.  The examiner should state that a review of the claim file was completed.  The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions.  A detailed rationale is requested for all opinions provided.

3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Foster, 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.