Citation Nr: 21000206
Decision Date: 01/04/21	Archive Date: 01/04/21

DOCKET NO. 15-28 391
DATE: January 4, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for left abducens palsy is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty with the United States Army from October 1958 to August 1961.

This case was most recently before the Board in December 2019, at which time it was remanded for further development.  The case has since been returned for appellate consideration.

Entitlement to a disability rating in excess of 10 percent for left abducens palsy is remanded

Regrettably, another remand is necessary.  Review of the record shows there are VA optometry records that are available in VistA Imaging but have not been associated with the claims file and are therefore unavailable for review by the Board.  These include optometry image consultation records from December 2019, February 2017, and December 2016.  As they concern treatment for the Veteran’s eye conditions, they are potentially relevant to the claim on appeal.  Therefore, remand is warranted to obtain these records. 

The matter is REMANDED for the following actions:

1. Obtain any VA optometry records that have been scanned into Vista Imaging but are not otherwise associated with the Veteran’s claims file, including the December 2019, February 2017, and December 2016 optometry image consultation records.

2. Then, readjudicate the Veteran’s claim.  If the benefit sought on appeal remains denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond.  The case should then be returned to the Board for further appellate consideration.

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. T. Raftery, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.