Citation Nr: 21072266
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 20-07 997
DATE: December 2, 2021

REMANDED

Service connection for an eye disability, to include a detached retina is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1965 to July 1969. 

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision issued by the Regional Office (RO) of the Department of Veterans Affairs (VA). In June 2021, the Board remanded this case for further development.

The Veteran asserts that a right eye disability is the result of service.  The prior Board remand tasked the VA examiner with discussing "the Veteran's lay statements regarding three separate in-service injuries and continuity of symptoms."  In actuality, the Veteran alleged four different ways that his retina may have detached.  He alleged that (1) he was hit in the head with a wrench, (2) he was hit in the head with a valve, (3) he had caustic paint fall into his eye, and (4) he had steam go into his eye.  In addition, service treatment records show that the Veteran had pain behind his eyes after consuming alcohol.  

The VA examiner failed to discuss whether being hit with a valve, having steam hit an eye, or having caustic paint enter the eye could result in delayed retinal detachment or could aggravate the injury.  As such, the matter must be remanded for compliance with the Board's prior remand directives. Stegall v. West, 11 Vet. App. 268 (1998).

The matter is REMANDED for the following action:

Return the claims file to the August 2021 VA examiner to obtain an addendum as to the etiology of the Veteran's eye disability.  Following review of the file, including the Veteran's service treatment records, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that caustic paint, steam, or being hit with a valve was the cause of or aggravated the Veteran's detached retina. The rationale for the opinion must be provided. 

If the August 2021 VA examiner is unavailable, the opinion should be provided by another qualified physician following review of the claims file.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.