Citation Nr: 21000270 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 14-42 223 DATE: January 5, 2021 REMANDED Entitlement to a rating higher than 0 percent for residuals of a right eye corneal injury with posterior vitreous detachment is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1975 to October 1984, and March 2003 to September 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, November 2019, and October 2020, the Board remanded the appeal for further development. In November 2019 and October 2020, the Board remanded for the purpose of obtaining additional VA treatment records, to specifically include the eye records were stored in the VistA Imaging system. While the RO associated the same January 2013 treatment records, it does not appear that the noted images associated with these records were obtained. In addition, the VA records show that the progress notes from the Veteran’s private ophthalmologist were uploaded on February 1, 2013, but the record does not contain those notes. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, the Board is remanding the case for compliance with the October 2020 Remand directives. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from October 2020 to the present. All records related to the Veteran’s eyes which have been stored in VistA Imaging since 2009 must be obtained, to specifically include progress notes from Dr. Kwon and all eye charts. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Kass, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.