Citation Nr: 21071834
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-25 879
DATE: December 1, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for right eye solar retinopathy and choroidal neovascular membrane with scotoma is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from December 2002 to December 2006.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in August 2019 and July 2020.

The Board's July 2020 remand directed the RO to obtain any outstanding VA and private treatment records and to provide the Veteran with a VA examination to assess the current severity of his service-connected right eye disability.  The Board finds that there has been substantial compliance with its July 2020 remand directives, and it will proceed with adjudication of the issue on appeal.  Stegall v. West, 11 Vet. App. 268 (1998).

In an October 2020 rating decision, the RO assigned a 10 percent initial disability rating for the Veteran's right eye disability.  As the rating period regarding the Veteran's right eye disability is not the maximum allowable, the issue remains on appeal.  AB. v. Brown, 6 Vet. App. 35 (1993).

Entitlement to an initial disability rating in excess of 10 percent for right eye solar retinopathy and choroidal neovascular membrane with scotoma is remanded.

In November 2021 correspondence, the Veteran indicated that he underwent laser treatment from a private physician at the end of October 2021 for his right eye disability.  These records are not in the Veteran's claims file, nor does it appear that VA attempted to obtain them.  These records appear relevant to the Veteran's claim as they may include further information pertaining to the Veteran's history of symptoms and the current severity of his right eye disability.  VA has a duty to seek these records.  38 U.S.C. § 5103A(b)(1).

The matter is REMANDED for the following action:

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1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file, to specifically include private treatment records referenced in the Veteran's November 2021 correspondence.  Copies of any outstanding VA and private treatment records should be added to the Veteran's claims file.

2. After completing all indicated development, the Agency of Original Jurisdiction should readjudicate the Veteran's claim.  If the benefit sought on appeal remains denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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.