Citation Nr: 21066980 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 13-32 190 DATE: November 3, 2021 REMANDED Entitlement to a 30 percent disability rating for loss of left eye vision prior to the year 2000 is remanded. Entitlement to special monthly compensation (SMC) at the "K" level prior to the year 2000 is remanded. Entitlement to a total disability rating based on individual unemployability prior to July 21, 2011 is remanded. REASONS FOR REMAND The Veteran served honorably on active duty with the United States Air Force from March 1955 to May 1956, and with the United States Navy from May 1956 to March 1957. The Veteran testified at a hearing before the undersigned Veterans Law Judge in December 2017. A transcript of the hearing is associated with the claims file. The issues on appeal were most recently before the Board in May 2020, at which time they were remanded for additional development. The case has since returned to the Board for appellate review. The Board notes that in correspondence received in February 2021, the Veteran's representative requested another Board hearing at a local VA office. In August 2021, the Board sent a letter requesting that the Veteran confirm whether he would like another hearing. To date, neither the Veteran nor his representative have responded to the letter. As discussed below, the Board is remanding the issues on appeal for additional development and reminds the Veteran that he may request an additional Board hearing should the desired benefits remain denied upon remand. 1. Entitlement to a 30 percent disability rating for loss of left eye vision prior to the year 2000 is remanded. 2. Entitlement to special monthly compensation (SMC) at the "K" level prior to the year 2000 is remanded. 3. Entitlement to a total disability rating based on individual unemployability prior to July 21, 2011 is remanded. Review of the record shows that the oldest VA medical treatment records associated with the claims file date back to September 2009. However, available treatment records indicate that the Veteran underwent an eye examination in 2000, suggesting that there are earlier treatment records that have not yet been associated with the claims file. In that regard, in accordance with the Board's May 2020 remand directives, the RO attempted to obtain the Veteran's VA treatment records from the Bronx VA Medical Center (VAMC) for the period from 1962 to 2000 but received a negative response. In a December 2020 letter, the RO informed the Veteran that VA treatment records were unavailable prior to 2005, though there is no indication in the record that the RO attempted to obtain records other than records from 1962-2000. To date, there is no evidence of a specific request for records prior to September 2009, the date of the oldest VA treatment records associated with the claims file. Overall, the Board finds that another remand is warranted to attempted to obtain any outstanding VA treatment records from prior to September 2009, including another attempt to obtain any records from 1962-2000. Additionally, the Board notes that its May 2020 decision awarded an earlier effective date in 2000 for the assignment of a disability rating of 30 percent for loss of left eye vision and the award of SMC(K) based on blindness of one eye having only light perception. However, the RO has yet to implement the Board's awards. On remand, the RO is directed to implement the Board's award of an earlier effective date in 2000 for the assignment of a 30 percent disability rating for loss of left eye vision and SMC(K) based on blindness of one eye having only light perception. If, after completing the development requested on remand (i.e., obtaining any outstanding VA medical treatment records), the precise date in 2000 remains unclear from the evidence, the RO is directed to resolve doubt in favor of the Veteran and assign effective dates of January 1, 2000, which is the earliest date available given the evidence such as the Veteran's account of having stopped working in January 2000. Accordingly, the matters are REMANDED for the following action: 1. Obtain and associate with the claims file any VA medical treatment records from prior to September 2009, including records of treatment from the Bronx VA Medical Center and any associated outpatient clinics. This should also include a search of archived or retired paper records. If necessary, contact the Veteran to verify dates and locations of treatment. All efforts to obtain these records must be documented in the record. If any treatment records are unavailable, issue a formal finding of unavailability and notify the Veteran so that he can submit any medical records in his possession. 2. Implement the Board's May 2020 awards of an earlier effective date in 2000 for the assignment of a 30 percent disability rating for loss of left eye vision and SMC(K) based on blindness of one eye having only light perception. If, after completing the development requested in step #1, above, the precise date in 2000 remains unclear from the evidence, the RO is directed to resolve doubt in favor of the Veteran and assign an effective date of January 1, 2000, which is the earliest date available given the evidence 3. Then, readjudicate the claims. If the claims remain denied, in whole or in part, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate time for response. MICHAEL MARTIN 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.