Citation Nr: 21064615 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 17-40 757 DATE: October 21, 2021 REMANDED Entitlement to a disability rating in excess of 20 percent prior to February 27, 2015, in excess of 10 percent prior to October 15, 2020, and in excess of 30 percent thereafter for open angle glaucoma is remanded. REASONS FOR REMAND The Veteran served honorably on active duty with the United States Army from August to December 1991; from February 1992 to February 2002; and from April 2002 to March 2012. This matter was most recently before the Board in May 2021, at which time it was remanded for additional development. It has since returned to the Board for appellate consideration. Regrettably, for the reasons discussed below, another remand is warranted. The Board notes that in an August 2021 rating decision, the RO granted the Veteran's claim of entitlement to service connection for acid reflux, which the Board had remanded in May 2021. As this represents a full grant of the benefit sought, that issue is no longer on appeal and will not be discussed further herein. Entitlement to a disability rating in excess of 20 percent prior to February 27, 2015, in excess of 10 percent prior to October 15, 2020, and in excess of 30 percent thereafter for open angle glaucoma is remanded. As noted in the Board's May 2021 remand, VA treatment records associated with the claims file since the Board's April 2020 decision show the Veteran had a retinal nerve fiber layer (RNFL) optical coherence tomography (OCT) scan in November 2019, the results of which were sent to Vista Imaging. The scan is not otherwise associated with the claims file. Moreover, closer inspection of other VA treatment records associated with the claims file showed that additional treatment records associated with non-VA eye care are visible in Vista Imaging but are not associated with the claims file; and are therefore unavailable for review by the Board, including records of treatment through the Berkeley Eye Center dating back eight years. In a May 2021 letter to the Veteran, the RO asked the Veteran to complete and return an enclosed VA Form 21-4142 Authorization to Disclose Information to VA and to submit a copy of records of treatment through the Berkeley Eye Center. There is no indication the RO took any other action to attempt to obtain the results of the November 2019 RNFL OCT scan or the Berkeley Eye Center records. The Board notes that because the records were scanned into the Veteran's VA medical records, they are in VA's constructive possession. Therefore, it is VA's responsibility to ensure the records are associated with the claims file. The Veteran's claim must be remanded again to ensure the records are added to the claims file and are available for review by adjudicators. The matter is REMANDED for the following actions: 1. Obtain the Veteran's non-VA eye treatment records that are scanned into Vista Imaging but not associated with the Veteran's claims file, including records of treatment through the Berkeley Eye Center. The Board reminds the agency of original jurisdiction that the Board does not have access to Vista Imaging, so any records available in Vista must be printed from Vista and uploaded/added to the Veteran's VBMS or Virtual VA file. If the records cannot be obtained and associated with the claims-file for review, documentation to this effect must be clearly noted in the Veteran's claims file and the Veteran must be duly notified. 2. Then, readjudicate the Veteran's claim in light of any additional evidence added to the claims file. If the benefit sought remains denied, provide the Veteran and his representative a Supplemental Statement of the Case (SSOC) and return the case to the Board for appellate review. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. T. Raftery, 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.