Citation Nr: 18147101
Decision Date: 11/05/18	Archive Date: 11/02/18

DOCKET NO. 11-15 149A
DATE:	November 5, 2018
REMANDED
Service connection for double vision in the left eye is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from March 1971 to December 1982. 
The claim is on appeal from a March 2010 rating decision.
In December 2015, the Board denied service connection for a disability manifested by diplopia in the left eye.
The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In an August 2016 Order, the Court granted an August 2016 Joint Motion for Remand (JMR), vacating the Board’s decision and remanding the case for further development and readjudication.
In December 2016, the Board remanded the claim for additional development.
Service connection for double vision in the left eye.
The August 2016 JMR noted two duty to assist matters with the Board’s December 2015 decision.  First, as to the scheduling of a VA examination for an incarcerated veteran.  In December 2016, the Board remanded the claim to schedule the Veteran for a VA examination.  This development was accomplished as the Veteran underwent a VA examination in January 2017.  A medical opinion was also obtained at that time, with addendums in June 2017 and October 2017.
Although this sufficiently addressed the concerns of the August 2016 JMR, on further consideration, the JMR also noted a duty to assist matter of requesting identified and potentially relevant records.  Specifically, the JMR identified the Veteran’s prison hospital records, and records from Fort Story and Boone Clinic at Little Creek Naval Station.  On further consideration, the Board finds that another remand is warranted to request these records to comply with the August 2016 Court Order granting the August 2016 JMR.  See Stegall v. West, 11 Vet. App. 268, 271 (1998); see also Forcier v. Nicholson, 19 Vet. App. 414, 425 (2006).
The matter is REMANDED for the following action:
Make arrangements to obtain all of the records identified by the Veteran as pertinent to his claim.  Specifically request the Veteran’s prison hospital records, and all records available at Fort Story and the Boone Clinic at Little Creek Naval Station, including the accident report, the C.Q. duty log, and the ambulance log.
All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Morford, Associate Counsel