Citation Nr: A24084635
Decision Date: 12/18/24	Archive Date: 12/18/24

DOCKET NO. 240326-429138
DATE: December 18, 2024

REMANDED

Entitlement to service connection for type II diabetes mellitus is remanded.

Entitlement to service connection for hypertension is remanded.

REASONS FOR REMAND

The Veteran has active service from February 1960 to August 1960 along with other periods of National Guard and Reserve service.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In the March 26, 2024, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on August 30, 2024.

Therefore, the Board may only consider the evidence of record at the time of the March 2024 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran [or representative] at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

However, because the Board is remanding the claims of service connection for diabetes and hypertension, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii).

Evidence was added to the claims file during a period of time when new evidence was not allowed.  As the Board is remanding the claims of service connection for hypertension and diabetes for further development, this additional evidence will be considered by the RO in the adjudication of those claims.

1. Entitlement to service connection for type II diabetes mellitus.

2. Entitlement to service connection for hypertension.

The matters are REMANDED for the following action:

BACKGROUND INFORMATION FOR RO ADJUDICATOR:

This claim is being remanded due to a pre-decisional duty to assist error. See 38 C.F.R. § 20.802(a). The Veteran's MOS on his DD-214 during his period of ACDUTRA in 1960 is auto paint helper.  Determine if the Veteran was exposed to TERA by virtue of his MOS.

THE REMAND DIRECTIVES FOLLOW

1. Perform any necessary development to determine any in-service TERAs due to his MOS as a paint helper.

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2. Readjudicate.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. MacTavish, 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.