Citation Nr: 22018808 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 18-34 490 DATE: March 30, 2022 ORDER New and material evidence having been received, the claim of entitlement to service connection for diabetes mellitus is reopened. REMANDED Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, claimed as secondary to diabetes mellitus is remanded. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremities, claimed as secondary to diabetes mellitus is remanded. Entitlement to service connection for cataracts, claimed as secondary to diabetes mellitus is remanded. FINDINGS OF FACT 1. The Veteran's claim for service connection for diabetes mellitus was previously considered and denied by the RO in a September 2014 rating decision. The Veteran did not appeal that decision or submit new and material evidence within one year of notice of that decision. 2. The evidence received since the September 2014 rating decision, by itself, or in conjunction with previously considered evidence, relates to an unestablished fact necessary to substantiate claim for service connection for diabetes mellitus. CONCLUSIONS OF LAW 1. The September 2014 rating decision denying service connection for diabetes mellitus is final. 38 C.F.R. §§ 3.156, 20.302, 20.1103. 2. New and material evidence has been received and the claim of entitlement to service connection for diabetes mellitus is reopened. 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty with the United States Army from April 1966 to January 1968, including service in the Republic of Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Purple Heart, the Combat Infantryman Badge, and the Vietnam Service Medal. These matters come before the Board of Veterans' Appeals (Board) on appeal of a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In February 2022, the Veteran provided testimony at a Board hearing before the undersigned Veterans Law Judge. A copy of the hearing has been associated with the record. At the hearing, the Veteran waived RO consideration of additional evidence added to the record since the issuance of any earlier statements of the case (SOC). New and Material Evidence The September 2014 rating decision is the last final rating decision in the matter of the Veteran's claim for entitlement to service connection for diabetes mellitus. See 38 U.S.C. § 7105. The rating decision denied service connection for diabetes mellitus on the basis that there was no evidence of a currently diagnosed disorder. Since that denial, a May 2021 VA optometry note shows an assessment of diabetes mellitus. At this stage of adjudication, the credibility of this evidence is presumed, and this treatment record is sufficient to constitute new and material evidence in accordance with 38 U.S.C. § 5108; 38 C.F.R. § 3.156, and the claim is reopened. REASONS FOR REMAND 1. Entitlement to service connection for diabetes mellitus is remanded. 2. Entitlement to service connection for peripheral neuropathy of the bilateral upper extremities, claimed as secondary to diabetes mellitus is remanded. 3. Entitlement to service connection for peripheral neuropathy of the bilateral lower extremities, claimed as secondary to diabetes mellitus is remanded. 4. Entitlement to service connection for cataracts, claimed as secondary to diabetes mellitus is remanded. The Veteran essentially maintains that presumptive service connection is warranted for diabetes mellitus as it is related to exposure to herbicide agents (Agent Orange) while serving in Vietnam. He further maintains that peripheral neuropathy of the bilateral upper and lower extremities and cataracts are secondary to diabetes mellitus. VA treatment records dated in 2015 and 2016 show that the Veteran's diagnosis of diabetes mellitus was incorrect. Subsequently, a May 2021 VA optometry note shows an assessment of diabetes mellitus; however, it is unclear whether the diagnosis was made based on actual laboratory findings. As such, the Board finds that clarification is needed as to whether the Veteran has a diagnosis of diabetes mellitus. As the claims for secondary service connection for peripheral neuropathy of the bilateral upper and lower extremities and cataracts are inextricably intertwined with the outcome of the VA diabetes examination, these claims are also remanded. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination by an appropriate examiner to determine the nature and extent of the Veteran's diabetes mellitus. The claims file must be made available to the examiner designated to provide the opinion. The examiner is then asked to address the following: (a) Indicate whether the Veteran has diabetes mellitus. Appropriate laboratory testing should be performed, if deemed warranted. (b) If a diagnosis of diabetes is confirmed, state whether it is at least as likely as not (50 percent or greater probability) that any peripheral neuropathy of the bilateral upper and lower extremities and cataracts is either caused or aggravated by diabetes mellitus. (Continued on next page) A complete rationale for any opinion expressed should be provided. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Henriquez, 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.