Citation Nr: 19178489
Decision Date: 10/15/19	Archive Date: 10/15/19

DOCKET NO. 19-12 192
DATE: October 15, 2019

REMANDED

Compensation under 38 U.S.C. § 1151 for cataract surgery is remanded.

REASONS FOR REMAND

The Board of Veteran’s Appeals (Board) finds that further development of the record is necessary to meet VA’s duty to assist the Veteran in developing evidence to substantiate his claim. See 38 C.F.R. § 3.159. The Board cannot make a fully-informed decision on the claim at this time because the informed consent form pertaining to the February 2014 cataract surgery is not of record. Before this claim can be adjudicated reasonable efforts must be made to obtain this form if it exists. 

The matters are REMANDED for the following action:

1. Obtain and associate with the file all records and informed consent forms completed in connection with the Veteran’s February 2014 cataract surgery and all records of VA treatment related to this procedure (i.e., update to the present all records of VA evaluations and treatment for this disability from all VAMC).

2. The AOJ should then review the record and adjudicate the claim. If it remains denied, the AOJ should issue an appropriate supplemental statement of the case and afford the Veteran the opportunity to respond. The case should then be returned to the Board, if in order, for further review.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. McKone, Attorney for the Board 

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.