Citation Nr: 20048085 Decision Date: 07/17/20 Archive Date: 07/17/20 DOCKET NO. 14-36 770 DATE: July 17, 2020 REMANDED Entitlement to service connection for a left eye visual disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1979 to August 1980. In March 2020, the Board most recently remanded the issue below on appeal for further development, and the case has since been returned to the Board. The Board finds that the agency of original jurisdiction (AOJ) has not substantially complied with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998) Entitlement to service connection for a left eye visual disorder is remanded. In this regard, the Board’s most recent March 2020 remand sought to obtain a VA addendum opinion regarding the nature and etiology of the Veteran’s claimed left eye visual disorder. Specifically, the examiner was asked to state whether each diagnosed eye disability clearly and unmistakably (emphasis added) pre-existed the Veteran’s service entrance and if so opine as to whether or not there was clear and unmistakable (emphasis added) evidence that the pre-existing disability (ies) did not undergo an increase in severity beyond natural progression during his period of service. However, while the examiner noted that the Veteran’s eye condition clearly pre-existed the Veteran’s service entrance, she did not indicate whether it was also unmistakable, required in relation to the legal standard for the issue in question. She also failed to indicate whether there was unmistakable evidence that the Veteran’s eye condition did not undergo an increase in severity beyond natural progression during his period of service. Only the “clearly” portion of the legal standard was addressed. Accordingly, an additional addendum opinion is required. The matters are REMANDED for the following action: Return the claims file to an appropriate VA examiner for an additional addendum opinion. The claims file, including a copy of this Remand, must be made available to and be reviewed by the examiner in conjunction with the examination. The need for another examination is left to the discretion of the medical professional offering the addendum opinion. After a review of the record, the examiner is asked to opine on the following: For each diagnosed eye disability, state whether such disability clearly and unmistakably pre-existed the Veteran’s entrance into service. (a) If there is clear and unmistakable evidence that the disability (ies) pre-existed service, opine as to whether or not there is clear and unmistakable evidence that the pre-existing disability (ies) did not undergo an increase in severity beyond natural progression during his period of service? (b) For all identified eye disabilities that did not clearly and unmistakably pre-exist the Veteran’s service, opine as to whether it is at least as likely as not (probability of 50 percent or greater) that the disability first manifested during service, or is otherwise directly related to service. The examiner is reminded that “clear and unmistakable evidence” means that which cannot be misunderstood or misinterpreted; it is that which is undebatable. Any opinions offered should be accompanied by the underlying reasons for the conclusions. If the examiner is unable to offer any of the requested opinions, it is essential that he or she offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.A. Elliott II, Associate Counsel 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.