Citation Nr: 18147278 Decision Date: 11/02/18 Archive Date: 11/02/18 DOCKET NO. 16-36 111 DATE: November 2, 2018 ORDER New and material evidence, having been received, the claim of entitlement to service connection for glaucoma is reopened. REMANDED Entitlement to service connection for glaucoma, to include as secondary to traumatic brain injury (TBI), is remanded. Entitlement to special monthly compensation based on housebound status is remanded. FINDINGS OF FACT 1. In an August 2014 decision, the Board denied the Veteran’s claim of service connection for glaucoma; the Veteran did not appeal this determination, and the Board’s decision became final. 2. The evidence received since the August 2014 Board decision directly relates to an unestablished fact necessary to substantiate the claim for service connection for glaucoma. CONCLUSIONS OF LAW 1. The August 2014 Board decision is final. 38 U.S.C. § 7105(c) (2012); 38 C.F.R. §§ 3.104, 3.156(a)-(b), 20.302, 20.1103 (2017). 2. New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for glaucoma. 38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION New and Material Evidence 1. Glaucoma In general, Board decisions or rating decisions that are not timely appealed are final. See 38 U.S.C. § 7105; 38 C.F.R. § 20.1103. An exception to this rule is 38 U.S.C. § 5108, which provides that, if new and material evidence is presented or secured with respect to a claim which has been disallowed, VA shall reopen the claim and review the former disposition of the claim. New evidence is defined as existing evidence not previously submitted to agency decisionmakers. Material evidence means evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence previously of record, and must raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a). In determining whether evidence is new and material, the credibility of the evidence is generally presumed. Justus v. Principi, 3 Vet. App. 510, 512-513 (1992). The United States Court of Appeals for the Federal Circuit (Federal Circuit) has held, however, that evidence that is merely cumulative of other evidence in the record cannot be new and material even if that evidence had not been previously presented. Anglin v. West, 203 F.3d 1343, 1347 (2000). In deciding whether new and material evidence has been received, the Board looks to the evidence submitted since the last final denial of the claim on any basis. Evans v. Brown, 9 Vet. App. 273, 285 (1996). The threshold for determining whether new and material evidence raises a reasonable possibility of substantiating a claim is “low.” Shade v. Shinseki, 24 Vet. App. 110, 117 (2010). The Board denied service connection for glaucoma in an August 2014 decision, finding that there was no nexus between the Veteran’s TBI and glaucoma. The evidence considered at the time included service treatment records, post service treatment records, and a VA examination. The Veteran did not appeal the decision. Thus, the August 2014 decision became final. Pertinent evidence received since the August 2014 denial of the claim includes potential links between glaucoma and TBIs. This evidence relates to the basis for the prior denial, as a nexus was an element previously unestablished. The additional evidence received since the August 2014 previous denial is thus new and material. The criteria for reopening the claim for service connection for glaucoma are met. The application to reopen the claim of service connection for glaucoma is granted to this extent only. REASONS FOR REMAND 1. Entitlement to service connection for glaucoma, to include as secondary to TBI, is remanded. In a June 2016 VA examination, the examiner stated that a link between glaucoma and TBI has not been proven, but there was anecdotal evidence to support such a claim. Further the examiner failed to discuss whether the Veteran’s glaucoma was aggravated by his TBI. As such, the Board cannot make a fully-informed decision on the issue of entitlement to service connection for glaucoma. 2. Entitlement to special monthly compensation based on housebound status is remanded. Finally, because a decision on the remanded issue of entitlement to service connection for glaucoma could impact a decision on the issue of entitlement to special monthly compensation based on housebound status, the issues are inextricably intertwined. A remand of the claim for entitlement to special monthly compensation based on housebound status is required. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s glaucoma is at least as likely as not related to his service-connected TBI or aggravated beyond its natural progression by service-connected disability. (Continued on the next page)   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 special monthly compensation based on housebound status. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Uller, Associate Counsel