Citation Nr: 21072734
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 12-33 779A
DATE: December 6, 2021

REMANDED

Entitlement to a compensable disability rating prior to April 18, 2019 and in excess of 10 percent thereafter, for left eye central macular scar with hypertensive retinopathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 1978 to October 1996. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in August 2011 by the Department of Veterans Affairs (VA) Regional Office in Baltimore, Maryland.

This matter was previously before the Board in December 2013, November 2016, August 2018, April 2020 and June 2021, at which times it was remanded for further development, to include obtaining treatment records and providing the Veteran with examinations. 

In the latest remand, the Board instructed the agency of original jurisdiction (AOJ) to obtain a medical opinion addressing whether a visual field defect, shown at a March 2021 VA examination and in a February 2020 private treatment record, was etiologically related to his service-connected eye disability. The examiner was also asked to address whether the Veteran's difficulty in depth perception was etiologically related to his service-connected eye disability and whether it is manifested or can be measured as decrease in visual acuity, impairment of visual field, or impairment of muscle function.  

In response to the Board's instructions, the Veteran underwent a VA examination in July 2021. At that time, the examiner provided a positive opinion regarding a relationship between the Veteran's depth perception and his service-connected eye disability. 

However, the Board is unable to make a fully informed decision because the July 2021 VA examination report did not address whether the extent of difficulty in depth perception could be measured as a decrease in visual acuity, impairment of visual field, or impairment of muscle function. This information is necessary for the purpose of rating the Veteran's eye disabilities.

The Board sincerely regrets further delay, considering the age of the claim. However, a remand by the Board confers on an appellant the right to VA compliance with the terms of the remand order, and imposes on the Secretary a concomitant duty to ensure compliance with those terms. Stegall v. West, 11 Vet. App. 268 (1998). Because the July 2021 VA examination opinion did not substantially comply with the Board's June 2021 remand directives, the Board must remand this matter for an adequate addendum opinion. 

The matters are REMANDED for the following action:

Return the claims file to the optometrist who provided the July 2021 opinion. If the examiner determines that an opinion cannot be provided without an examination, one should be scheduled.

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After reviewing the claims file, the examiner is asked to provide an opinion addressing whether the extent of difficulty in depth perception can be measured as a decrease in visual acuity, impairment of visual field, or impairment of muscle function.

 

 

JEREMY J. OLSEN

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Perkins, 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.