Citation Nr: 22015572
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 15-39 045A
DATE: March 18, 2022

REMANDED

Entitlement to service connection for a bilateral foot disability (claimed as bad circulation of the feet), to include as secondary to service-connected diabetes mellitus is remanded.

Entitlement to a total disability based upon individual unemployability (TDIU) prior to February 24, 2014 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1968 to July 1971.

The claims were most recently before the Board in July 2021 when it was remanded for additional development.

In July 2021 the Board also remanded the claim of service connection for a prostate disability. This claim was subsequently granted in a November 2021 rating decision. In view of the foregoing, this issue has been resolved and is no longer before the Board. See generally Grantham v. Brown, 114 F.3d 116 (Fed. Cir. 1997).

In July 2021, the Board remanded the Veteran's claim of entitlement to TDIU. Thereafter, in the above-referenced November 2021 rating decision, the Veteran was awarded TDIU effective February 24, 2014. However, as the award did not constitute a full grant of the benefits sought, the Veteran's TDIU claim remains in appellate status. See Harper v. Wilkie, 30 Vet. App. 356 (2018). The Veteran's claims folder has been returned to the Board for further appellate proceedings.

1. Entitlement to service connection for a bilateral foot disability (claimed as bad circulation of the feet), to include as secondary to service-connected diabetes mellitus is remanded.

Following the Board's July 2021 remand and subsequent September 2021 VA examination, the Veteran's representative submitted a September 2022 informal hearing presentation (IHP) stating that the record does not provide a factual basis to determine whether the September 2021 VA examiner was qualified to provide the negative opinion for service connection. The Veteran's representative requested that the VA provide the curriculum vitae and other information about the qualifications of the examiner. The Board is remanding the claim because the representative asked for specific information on the previous examiner, the curriculum vitae and other information about qualifications of the medical examiners identified in the remand directives here should be requested. Francway v Wilkie, 940 F.3d 1304 (2019). 

2. Entitlement TDIU prior to February 24, 2014 is remanded.

The TDIU claim is inextricably intertwined with the service connection claim and adjudication of that issue will be deferred until the issue of service connection is decided.

The matters are REMANDED for the following action:

1. Obtain information regarding the qualifications of the September 2021 VA examiner, to include a CV and/or other similar material. A copy of this information should be included in the record. 

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2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to TDIU.

 

 

ARIF SYED

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Perkins, 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.