Citation Nr: 24009167
Decision Date: 02/26/24	Archive Date: 02/26/24

DOCKET NO. 18-22 000
DATE: February 26, 2024

REMANDED

Entitlement to a disability rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction and bilateral nuclear sclerotic cataracts prior to November 8, 2022, is remanded.

Entitlement to a disability rating in excess of 40 percent for type II diabetes mellitus with erectile dysfunction from November 8, 2022, is remanded.

Entitlement to a disability rating in excess of 60 percent for bilateral nuclear sclerotic cataracts from November 8, 2022, is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty with the United States Army from April 1966 to April 1969.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

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In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file.

This case was originally before the Board in May 2022, at which time the Board remanded the claims on appeal for additional development. In November 2023 the Board again remanded the claims on appeal. Regrettably, for the reasons noted below, another remand is necessary.  

1. Entitlement to a disability rating in excess of 20 percent for type II diabetes mellitus with erectile dysfunction and bilateral nuclear sclerotic cataracts prior to November 8, 2022, is remanded.

2. Entitlement to a disability rating in excess of 40 percent for type II diabetes mellitus with erectile dysfunction from November 8, 2022, is remanded.

3. Entitlement to a disability rating in excess of 60 percent for bilateral nuclear sclerotic cataracts from November 8, 2022, is remanded.

In November 2023 the Board remanded the claims on appeal. The agency of original jurisdiction completed the development actions outlined in the Board remand and issued a supplemental statement of the case (SSOC) in December 2023. The SSOC was returned as undeliverable to the AOJ in January 2024; the Veteran did not receive the SSOC. 

When the Board has remanded a matter, the AOJ will furnish the Veteran with a SSOC if it develops the evidence or cures a procedural defect, unless: (1) The only purpose of the remand is to assemble records previously considered by the agency of original jurisdiction and properly discussed in a prior SSOC; or (2) The Board specifies in the remand that a SSOC is not required. 38 C.F.R. § 19.31. 

Since the evidence shows that the Veteran was not furnished with a copy of the SSOC, and no statutory exceptions apply, the Board finds that the AOJ needs to provide the Veteran with a copy of the December 2023 SSOC prior to returning the appeal to the Board. 

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The matters are REMANDED for the following action:

1. Ascertain the Veteran's current mailing address and resend the December 2023 SSOC. 

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.T. Graham

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.