Citation Nr: 18151639
Decision Date: 11/20/18	Archive Date: 11/19/18

DOCKET NO. 14-18 687
DATE:	November 20, 2018
REMANDED
The claim for compensation under 38 U.S.C. § 1151 for additional disability of the right eye is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1954 to January 1955.
In January 2018, the Veteran was afforded a hearing at the RO before Matthew W. Blackwelder, who is the Veterans Law Judge rendering the determination in this claim and was designated by the Chairman of the Board to conduct that hearing, pursuant to 38 U.S.C. § 7102 (b).
1.  The claim for compensation under 38 U.S.C. § 1151 for additional disability of the right eye is remanded.
In June 2018, the Board obtained the Board requested an independent medical opinion (IME).  See 38 C.F.R. § 20.901 (d).  
In August 2018, an opinion was received from W.B., M.D., a professor at a university Department of Ophthalmology.  
In September 2018, the Board sent the Veteran a notice that a medical opinion had been received, and that he had 60 days to review the medical opinion and to present any additional evidence or argument.  He was informed that if, in response to receiving the medical opinion, he submitted additional evidence in his appeal, he has a right to have this newly submitted evidence, along with all the evidence of record, considered by the agency of original jurisdiction (AOJ) for review and for issuance of a Supplemental Statement of the Case (SSOC). 
In October 2018, the Veteran submitted additional argument, indicated that he was not waiving RO consideration of this evidence, and that he desired to have his claim remanded to the RO for consideration. 
Therefore, on remand, this evidence must be reviewed in association with the readjudication of the Veteran’s claim.  38 C.F.R. § 20.1304.
The matter is REMANDED for the following action:
 Readjudicate the issue of compensation under 38 U.S.C. § 1151 for additional disability of the right eye.  If the determination remains unfavorable to the Veteran, he should be provided with a supplemental statement of the case (SSOC) that addresses all relevant actions taken on the claim for benefits.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T.S.E., Counsel