Citation Nr: 21063345
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-06 222
DATE: October 14, 2021

REMANDED

A rating higher than 10 percent for right eye pterygium is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1967 to June 1972, from June 1972 to August 1972, from June 1972 to August 1977, and from October 1977 to January 1980.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In September 2018, the Board remanded this case for further development.  At that time, the issues on appeal included an increased rating for right eye pterygium, service connection for posttraumatic stress disorder (PTSD), and a total disability rating based on dividual unemployability due to service-connected disabilities (TDIU).  During the pendency of this appeal, the RO granted service connection for PTSD and awarded TDIU.  See July 2021 rating decision.  Therefore, these issues are no longer before the Board.

The Board notes that the Veteran had provided testimony regarding the PTSD claim at a December 2015 hearing before another Veterans Law Judge (VLJ).  This hearing did not address the issue currently on appeal and therefore that VLJ is not required to take part in this adjudication.

1. A rating higher than 10 percent for right eye pterygium is remanded.

The nature of the Veteran's eye disability (pterygium) allows for ratings based on visual impairment, incapacitating episodes, conjunctivitis, and disfigurement.  See 38 C.F.R. § 4.79, Diagnostic Code 6034.  The June 2016 eye conditions disability benefits questionnaire (DBQ) notes visual impairment and disfigurement, but fails to provide sufficient evidence to properly rate this disfigurement.  The Board acknowledges that disfigurement limited to the right eye itself cannot meet the size requirements for five of the characteristics of disfigurement, four of which require the affected area to exceed six square inches and one that requires five inches or more in length, both of which are far larger than the human eye.  Nevertheless, additional evidence is needed to determine the width of this pterygium and whether it is adherent to underlying tissue and/or its surface contour is elevated or depressed on palpation.  Thus, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his right eye disability, to include spefific findings related to potential disfigurement.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right eye pterygium.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

In so doing, the examiner must address any associated scarring or disfigurement, including whether any of the eight characteristics of disfigurement are shown.

2. Finally, readjudicate the claim on appeal.  If any benefit sought on appeal remains denied, then furnish the Veteran with a supplemental statement of the case and allow him an opportunity to respond. 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Houbeck

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.