Citation Nr: 21061468
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 17-14 219
DATE: October 4, 2021

REMANDED

Entitlement to service connection for left eye condition is remanded.

Entitlement to service connection for right eye injury is remanded.

REASONS FOR REMAND

The Veteran served in the Navy from July 1972 to July 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record.

1. Entitlement to service connection for left eye condition is remanded.

2. Entitlement to service connection for right eye injury is remanded.

The Veteran is seeking entitlement to service connection for a right eye injury    and left eye condition. A replacement examination in January 1973, a few months after entry, revealed uncorrected vision of 20/30 in the right eye and 20/40 in the left eye. During a visit in March 1975, the examiner diagnosed "CHA OU".

Upon review of the record, the Board finds that a VA examination would aid in addressing these claims.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 

Additionally, the record indicates that there may be outstanding treatment records. Specifically, during his July 2021 Board hearing, the Veteran noted that he received treatment for his eyes at Ralph H. Johnson VA Medical Center (VAMC) in Charleston, South Carolina and treatment in the past from a private physician. 

In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture.

The matters are REMANDED for the following action:

1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his left and right eye conditions. After securing the necessary releases, request any identified records that are not duplicates of those associated with the claims file. In addition, obtain outstanding VA treatment records, to include from the Charleston, South Carolina VAMC. If any requested records cannot be obtained, the Veteran should be notified of such.

2. Schedule the Veteran for a VA eye examination to address the claims for service connection for a right      eye injury and left eye condition. The claims file must    be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted    and the results reported. 

After review of the claims file and examination of the Veteran, the examiner should respond to the following:

a.	Please indicate whether the defective vision noted in January 1973 was more likely due to a refractive error.

b.	Please identify what "CHA OU" stands for.

c.	Provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran has a current disabililty of either eye (other than refractive error) that   arose in or is related to service, to include his assertion that some kind of solution was thrown in his eyes during service, the diagnosis of "CHA OU" in March 1975,  and the separation examination noting a scar on the right eyebrow, which suggests there was some kind of trauma to that area.  The examiner should explain the rationale for the conclusions reached. 

3. If the claims remain denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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.