Citation Nr: 21066368
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 17-17 319
DATE: October 29, 2021

REMANDED

Entitlement to an initial disability rating in excess of 40 percent for degenerative disc disease of the thoracic and lumbar spine is remanded.

Entitlement to an initial compensable disability rating for uveitis is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty with the United States Army from November 1981 to October 1984.

This case was most recently before the Board in September 2020, at which time the issues on appeal were remanded for additional development.  Regrettably, for the reasons discussed below, another remand is necessary.

1. Entitlement to an initial disability rating in excess of 40 percent for degenerative disc disease of the thoracic and lumbar spine is remanded.

2. Entitlement to an initial compensable disability rating for uveitis is remanded.

In its September 2020 remand directives, the Board instructed the RO to obtain Goldmann visual field charts from the Veteran's July 2016 VA eye examination.  Unfortunately, review of the record does not show that attempts were made to obtain these charts.  Therefore, the Board finds that there was not substantial compliance with its prior remand directives, and another remand is necessary.  See Stegall v. West, 11 Vet. App. 268 (1998).  In this regard, the Board also notes that closer review of the record shows that visual field charts are also missing from the June 2007 VA eye examination.  In that report, the examiner wrote, "[o]n Goldmann visual field test object III/4e, the veteran has slightly reduced visual fields superiorly secondary to lids."  However, the charts do not appear to have been associated with the claims file.  Under the regulations in effect prior to May 13, 2018, which are applicable to the Veteran's claim, the results of visual field testing must be recorded on a standard Goldmann chart and the chart must be included with the examination report.  See 38 C.F.R. § 4.77 (2017).  Therefore, remand is warranted to obtain visual field charts associated with the July 2016 and June 2007 VA eye examinations.  

Additionally, the Board notes that the Veteran was most recently afforded VA examinations to determine the severity of his degenerative disc disease of the thoracic and lumbar spine and uveitis in June and July 2016.  However, VA treatment records associated with the claims file pursuant to the Board's September 2020 remand directives indicate the Veteran's disabilities have increased in severity since then.  A new VA examination is necessary where there is evidence that a service-connected disability has worsened since the last examination.  Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).  Therefore, remand is warranted to schedule the Veteran for VA examinations to determine the current severity of his disabilities.

Accordingly, the matters are REMANDED for the following actions:

1. Obtain the Goldmann visual field charts from the July 2016 and June 2007 VA eye examinations and associate with the Veteran's claims file.  All efforts to obtain these records should be documented in the claims file.

2. Then, schedule the Veteran for VA examinations to determine the current severity of his degenerative disc disease of the thoracic and lumbar spine, and for his uveitis.  Each examiner must review pertinent documents in the claims file, to include a copy of this REMAND, in conjunction with the examination.

The examiner(s) should provide a full description of the Veteran's disabilities and report all signs and symptoms necessary for evaluating the disabilities under the rating criteria.  To the extent possible, the examiner(s) should identify any symptoms and functional impairments due to each disability alone and discuss the effect of the disability on any occupational functioning and activities of daily living.

3. Then, readjudicate the claims on appeal.  If the claims remain denied, issue the Veteran and his representative a supplemental statement of the case (SSOC) and return the matters to the Board.

 

 

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.