Citation Nr: 21013464
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 11-33 067
DATE: March 9, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1967 to August 1969. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In July 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The Board remanded the issue on appeal in August 2018. In October 2019, the Board, in pertinent part, denied entitlement to TDIU.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veteran’s Claims (Court), resulting in a July 2020 Joint Motion for Partial Remand (JMPR).  The parties’ JMPR vacated the Board’s decision as to entitlement to TDIU, and remanded the issue for compliance with the JMPR.  

The Board denied the representative’s third 60-day extension request submitted in February 2021 as good cause was not found for a third extension.  As this appeal is being remanded, there will be an opportunity to submit additional evidence. 

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. §20.900(c).  38 U.S.C. §7107(a)(2).

The July 2020 JMPR found that the Board erred in failing to ensure the Veteran was provided a VA examination to ascertain the current severity and manifestations of his service-connected diabetes mellitus.  Specifically, the JMPR noted that the Veteran reported symptom of diabetes mellitus, to include feeling tired, fatigued, and disoriented, which he did not report during the July 2010 VA diabetes mellitus examination.  The JMPR directed the Board to obtain an updated examination which adequately assesses the current severity of the Veteran’s diabetes mellitus, to include the impact on his ability to obtain and maintain substantially gainful employment.  In light of the directive, a remand for a VA examination is required.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records for the period from June 2019 to the present.

2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected diabetes mellitus.  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, to include the impact on his ability to obtain and maintain substantially gainful employment.   

 

D. JOHNSON

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Vuong, 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.