Citation Nr: 21021886
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 16-23 918
DATE: April 14, 2021

REMANDED

Whether the reduction from 20 percent to 10 percent, effective July 1, 2014, for diabetes mellitus type II, with peripheral neuropathy in both hands and erectile dysfunction is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from July 1968 to March 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). 

In the April 2014 rating decision that reduced the Veteran’s diabetes mellitus evaluation from 20 percent to 10 percent, the RO indicated that the VAMC treatment records from Albuquerque from March 16, 2005 to March 31, 2014; and VAMC treatment records from El Paso from June 28, 2004 to March 31, 2014 were electronically reviewed. However, such records were not associated with the claims file.  The Board issued a remand in April 2019 instructing the RO to obtain records from the VAMC Albuquerque from March 2005 to March 2014 and records from the VAMC El Paso from June 2004 to March 2014. 

A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The RO obtained records from VAMC Albuquerque July 2005 to January 2019 and records from VAMC El Paso June 2004 to December 2004.

However, as noted by the Veteran’s representative, it is unclear whether all records have been obtained.  In addition, a Supplemental Statement of the Case has not been issued. Therefore, remand is required to obtain the outstanding records or to indicate in the record if the medical records are not available and to issue a Supplemental Statement of the Case.

The matters are REMANDED for the following action:

1. Obtain the outstanding medical treatment records for VAMC El Paso from January 2005 to March 2014. If these records are not available, indicate in the record the attempt to obtain the record and any response received. 

2. Then, consider all the evidence of record and issue a Supplemental Statement of the Case. If the outcome is not favorable to the Veteran, provide the Veteran a reasonable time to response and then resubmit the case to the Board.  

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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.