Citation Nr: 21065687
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 15-38 600
DATE: October 27, 2021

REMANDED

Entitlement to service connection for an eye condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1973 to November 1975.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In November 2018, the Veteran testified at a video-conference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of that hearing has been associated with the claims file.

In July 2019 and June 2020, the Board remanded this matter for further development.  That development having been completed, this matter has returned to the Board for further appellate review.

In a July 2021 rating decision, the RO granted entitlement to service connection for posttraumatic stress disorder (PTSD) and tinnitus.  This represents a full grant of the benefits sought, therefore those issues are no longer on appeal.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

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

At the July 2021 VA examination addressing the Veteran's claim of entitlement to service connection for PTSD, the examiner found the evidence indicated a personal assault had occurred during the Veteran's active duty service.  See July 2021 PTSD Disability Benefits Questionnaire (DBQ).  In this regard, the Veteran reported being assaulted in service, which included receiving blows to his head.  The December 2020 VA medical opinion addressing the etiology of the Veteran's eye disorder, however, only addressed if the eye disorder was related to the Veteran's exposure to contaminated water at Camp Lejeune.  See December 2020 Medical Opinion DBQ.  

As the question of whether the Veteran's eye disorder is related to his in-service assault remains unanswered, a remand is necessary for an addendum medical opinion. 

The matters are REMANDED for the following action:

1. Return the claims file to the December 2020 VA examiner for a supplemental opinion.  If that examiner is not readily available, a VA opinion may be obtained by another medical professional with an appropriate background or expertise.  The Veteran should not be scheduled for an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) unless deemed necessary by the VA medical professional rendering an opinion on this claim.  The entire claims file, to include a copy of this REMAND must be made available to the examiner in conjunction with the opinion.  The examiner must confirm in the examination reports that he or she has reviewed the folder in conjunction with the examinations.

The examiner is asked to respond to the following:

(a) Identify, by diagnosis, all eye conditions currently attributable to the Veteran.

(b) For each condition identified, opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's eye condition(s) had its clinical onset during service or is related to any incident of service, to include the Veteran's in-service assault in which he was struck in the head.

The examiner must provide a comprehensive report that includes a complete rationale for all opinions and conclusions reached.  

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, 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.