Citation Nr: 20049922
Decision Date: 07/27/20	Archive Date: 07/27/20

DOCKET NO. 16-16 781
DATE: July 27, 2020

REMANDED

Entitlement to service connection for a right eye disability, other than myopia, astigmatism, and presbyopia is remanded.

REASONS FOR REMAND

The appellant served in the National Guard and had active duty for training (ACDUTRA) from November 1974 to April 1975.

This appeal to the Board of Veterans’ Appeals (Board) is from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In October 2018, the appellant testified at a Board video conference hearing before the undersigned Veterans Law Judge (VLJ); a transcript of the hearing is of record.  

In May 2019, the Board remanded the matter for additional development.

Entitlement to service connection for a right eye disability, other than myopia, astigmatism, and presbyopia is remanded.

The Board’s prior remand requested private treatment records from Meltzer Eye Care Center.  In July 2020, the appellant’s attorney submitted the release that allowed VA to obtain these records.  Although the RO notified the appellant in July 2020 that these records were requested, the provider has not yet responded.  The matter must be remanded to allow the medical provider a reasonable period to respond and, if no response is received, the RO must make a second request for the records.

The appellant’s attorney also provided a release for Vernon Integrative Medical Group.  The same opportunity for response or a second request should be allowed for this provider as well.

The matter is REMANDED for the following action:

Allow for Meltzer Eye Care Center and Vernon Integrative Medical Group to respond to the requests for records.  If no response is received, then make a second request for the records.  All efforts to obtain these identified records should be documented. 

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Bredehorst

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.