Citation Nr: 21002491 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 15-06 860A DATE: January 13, 2021 ORDER Entitlement to service connection for a left eye disorder is denied. FINDING OF FACT The Veteran does not have a left eye disorder that was incurred in or as a result of his active service. CONCLUSION OF LAW The criteria for entitlement to service connection for a left eye disorder have not been met. 38 U.S.C. §§ 1110, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Reserves from July 2003 to July 2011. The Veteran had active duty for training in the United States Marine Corps from January 2004 to August 2004. The record also shows that the Veteran had additional periods of active duty in the Reserves. He testified at a Board hearing in March 2018. This matter was most recently remanded in February 2020 and has been returned to the Board. Other issues were satisfied and are no longer before the Board. Entitlement to service connection for a left eye disorder The Veteran contends that he has a left eye disorder as a result of a wound from shrapnel during service. The Veteran also claimed sun damage in his eye. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the Veteran has a current diagnosis of a solar retinopathy of the right eye, the preponderance of the evidence weighs against finding that the Veteran has a disorder of the left eye. A March 2009 treatment record showed the Veteran reported trauma to the left eye in 2007. The Veteran was afforded a VA examination in September 2020. The examiner reviewed the claims file and rendered a diagnosis of right eye solar retinopathy. The examiner opined that is less likely than not (less than 50% probability) that a claimed left eye condition is related to your active military service. The examiner found no findings, signs, or symptoms to support a diagnosis in the left eye. Regarding a right eye disorder, the examiner stated that: Solar (or photic) retinopathy refers to a pathophysiologic entity causing visual disturbance sustained during or after prolonged or high intensity exposure of the foveomacular retinal tissue to light energy. Upon examination the veteran did not present with signs for a diagnosis pertaining to the left eye but did present with signs for solar retinopathy right eye. The medical record showed a diagnosis of vitreous floaters in 05 Mar 2009 at NH Camp Pendleton, CA. However, the findings from the document showed the vitreous and retina was normal. Upon review of the evidence, the Board finds that service connection is not warranted. Service connection requires a showing of a current disability. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Here, the VA examiner found no evidence of a left eye disorder. No residuals of trauma to the eye were reported. The Board is cognizant that the Veteran has stated that he has a left eye disorder and he is competent to attest to observable symptoms but the Board finds the expert VA examiner’s opinion based on an examination and medical knowledge to be more probative as to the presence of a disability. It is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). As the preponderance of the evidence is against the claim, the Veteran's claim for service connection for a left eye disorder is denied. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Shana Z. Siesser, 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.