Citation Nr: 21070690
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 09-20 329
DATE: November 24, 2021

REMANDED

Service connection for a vision disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from August 1965 to February 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2008 rating decision. 

In an April 2020 decision, the Board denied service connection for partial vision loss.

The Veteran then appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a November 2020 Joint Motion for Remand (Joint Motion), the Court, the parties (the Veteran and the Secretary of VA) requested that the Board decision be vacated, and the issue remanded. In a November 2020 order, the Court granted the Joint Motion and remanded the claim for action consistent with the terms of the Joint Motion.

The Board remanded the claim for further development in May 2021.

When VA provides an examination for a service-connected claim it must provide an adequate one. Barr v. Nicholson, 21 Vet. App. 303, 31112 (2007). In September 2021, the Veteran underwent a VA examination for his vision disability claim. The Veteran has testified, and subsequently submitted lay statements, claiming that he was exposed to radiation while in-service. Specifically, the Veteran has stated that he handled radioactive materials on average nine times per month and was exposed to active gamma radiation 162 times. Although the examiner in the September 2021 opinion acknowledged that the Veteran was exposed to radiation, it is unclear if the examiner considered the extent the Veteran was exposed as the Veteran has claimed in several lay statements. As such a remand is necessary in order to obtain an addendum opinion.

The matter is REMANDED for the following action:

Obtain an addendum opinion regarding whether the Veteran's vision disability is at least as likely as not (50 percent or greater) related to the conceded in-service ionizing radiation exposure. The examiner is to consider the Veteran's lay assertions. The examiner is asked to note the Veteran's October 2021 statement regarding the extent of his exposure to active gamma radiation. The rationale for the opinion must be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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.