Citation Nr: 18151762
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 10-16 347
DATE:	November 20, 2018
REMANDED
Entitlement to an initial compensable rating for diplopia, status post strabismus surgery is remanded.
REASONS FOR REMAND
The Veteran had service from July 1981 until July 2001. 
This appeal before the Board of Veterans’ Appeals (Board) on appeal from an August 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2013 and July 2016, the Board remanded the claim for additional development and adjudicative action. The claim has since returned to the Board.
1. Entitlement to an initial compensable rating for diplopia, status post strabismus surgery is remanded.
On VA examination in July 2014 the Veteran was found to have diplopia down, lateral, and up at 31 to 40 degrees that was not correctable with standard spectacle correction. The examiner checked “occasional” rather than “constant” as to the frequency of the diplopia, but did list any additional specifics as to frequency or most recent occurrence.
The Board ordered that a new examination be performed. The Veteran underwent that examination in October 2017 at which the examiner stated that no diplopia was present on examination and the Veteran did not have diplopia with correction. However, the examiner also indicated that the Veteran needs a new glasses prescription, and if the Veteran continued to complain of diplopia, another glasses correction could be tried.
Since at least 2014 the Veteran has contended that his diplopia is a daily occurrence, including every night. In an August 2018 letter the Veteran stated that when he last visited the Lusk Eye Center he was told that his diplopia was not correctable with spectacles after the doctor attempted to do so using numerous prisms. There are no records from the Lusk Eye Center in evidence. As the Veteran’s statement suggests recent private medical records exist that are relevant to the claim, the Board finds that he should be given an opportunity to submit those or to submit a release form for the VA to obtain those records on his behalf.
With respect to rating diplopia, the Board notes that diplopia that is occasional or correctable with spectacles is noncompensable. 38 C.F.R. § 4.79 (2017). Ratings are based on the quadrant and degree range of diplopia. 38 C.F.R. § 4.78 (2017). Thus, to establish a proper rating, both the frequency of the Veteran’s diplopia, to include the duration of daily episodes, and a measurement of the diplopia field, are important.
The matter is REMANDED for the following action:
1. Request that the Veteran provide treatment records from the Lusk Eye Center, or provide the VA with an authorization form to obtain those records on his behalf. If any records identified by the Veteran that he authorizes the VA to obtain are not available, he should be so informed, and notations as to the unavailability of such records and as to the attempts made to obtain the documents, should be made in the claims file.
2. Thereafter, readjudicate the Veteran’s pending claims in light of any additional evidence added to the record.  If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto.  Thereafter, the case should be returned to the Board for appellate review.
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Christensen