Citation Nr: 21022824
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 17-01 897
DATE: April 19, 2021

REMANDED

Service connection for type 2 diabetes mellitus is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from November 1990 to December 1997. This appeal is before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision appealed in a timely February 2015 notice of disagreement (NOD) and perfected by a timely January 2017 substantive appeal in response to November 2016 statement of the case (SOC). In September 2019, a hearing was held before the undersigned; a transcript is of record. The Board remanded this claim in November 2019.

1. Service connection for type 2 diabetes mellitus is remanded.

The medical opinions obtained on remand are nonresponsive to the Board’s prior remand directives. Specifically, they fail to adequately consider competent lay reports and testimony the Veteran has advanced in support of this appeal despite explicit direction in the prior remand. Consequently, corrective action is needed.

The matters are REMANDED for the following action:

1. Obtain all updated records (i.e., those not already of record) of VA and adequately identified private treatment the Veteran has received for the disabilities remaining on appeal. 

2. Schedule the Veteran for an in-person or telehealth (whichever is appropriate) examination by an endocrinologist or other appropriate clinician to clarify the likely cause of his diabetes mellitus. Based on a review of the record, examination of the Veteran (INCLUDING A COMPLETE SUBJECTIVE HISTORY AND REPORT DESCRIBING ONSET, COURSE, AND PROGRESSION OF HIS SYMPTOMS), and any tests or studies deemed necessary, the examiner must opine as to whether it is AT LEAST AS LIKELY AS NOT (A 50 PERCENT PROBABILITY OR GREATER) that the Veteran’s diabetes is related to his military service.

The examiner MUST CONSIDER AND DISCUSS AS NECESSARY all relevant lay reports and testimony in the record, INCLUDING BUT NOT LIMITED TO his testimony before the undersigned indicating he was already taking medication (an oral glycemic agent) for diabetes circa 1999 or 2000 (i.e., within roughly a year or two of his December 1997 discharge), the fact that he was noted as overweight during service, reports of headaches in service, and any other pertinent lay statements made in the record OR during the interview on examination. 

 

All opinions must include a detailed rationale. Providing an opinion or conclusion without enough explanation will delay processing of the claim and require further clarification.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, 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.