Citation Nr: 21064650
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 14-11 480
DATE: October 21, 2021

REMANDED

Entitlement to a rating higher than 10 percent for bilateral glaucoma, diabetic retinopathy, and cataracts is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1969 to February 1971.

In February 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A hearing transcript is of record.

In April 2018, August 2020, and April 2021, the Board remanded the claim for further development.  

Entitlement to a rating higher than 10 percent for bilateral glaucoma, diabetic retinopathy, and cataracts is remanded.

Unfortunately, the Board finds an additional remand is necessary to comply with the April 2021 remand directives.  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 April 2021 Remand requests.

There are outstanding VA treatment records.  The April 2021 remand specifically instructed that the Veteran's eye treatment records stored in the VistA system be associated with the record.  While some VistA records and several threshold results were obtained, not all of the VistA records and visual field testing results were obtained.  

There are several entries of eye treatment scanned to the VistA system.  Specifically, the VA records show that the ophthalmology notes and testing were uploaded to VistA on the following dates: December 5, 2011, July 20, 2012, March 25, 2013, April 4, 2014, July 7, 2015, June 6, 2016, July 31, 2017, and October 2, 2018.  However, not all of those records have been obtained.  On remand, all VistA records related to the Veteran's eyes should be associated with the record.  Accordingly, the Board finds the record incomplete and those records should be associated with the claims file.

In addition, the Board notes the RO provided threshold testing results for testing conducted in March 2013, April 2014, July 2015, June 2016, July 2017, and October 2018.  However, threshold testing results require medical expertise for interpretation.  VA regulations specify examinations of the visual fields must use the Goldmann testing.  38 C.F.R. § 4.77.  As of May 13, 2018, the requirements for an examination of visual field were amended to no longer require a Goldmann chart.  As the Goldmann charts and testing results were not obtained, the Board finds there has not been substantial compliance.  Therefore, the Board is remanding the case for compliance with the April 2021 remand requests.

The matters are REMANDED for the following action:

Obtain the Veteran's VA treatment records from June 2021 to the present.  All records related to the Veteran's eyes which have been stored in VistA Imaging since 2011 must be obtained, to specifically include all eye treatment, Goldmann charts, and visual field testing results uploaded to VistA on the following dates:  December 5, 2011, July 20, 2012, March 25, 2013, April 4, 2014, July 7, 2015, June 6, 2016, July 31, 2017, and October 2, 2018.

 

 

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.