Citation Nr: 21075309
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 14-42 223
DATE: December 20, 2021

REMANDED

Entitlement to a rating higher than 0 percent for residuals of a right eye corneal injury with posterior vitreous detachment is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1975 to October 1984, and March 2003 to September 2005.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

In June 2018, November 2019, October 2020, December 2020, and May 2021, the Board remanded the appeal for further development.

1. Entitlement to a rating higher than 0 percent for residuals of a right eye corneal injury with posterior vitreous detachment is remanded.

In November 2019, October 2020, December 2020, and May 2021, the Board remanded for the purpose of obtaining additional VA treatment records, to specifically include the eye records were stored in the VistA Imaging system.  

The May 2021 remand instructed the RO to obtain an updated VA examination and treatment records, including outstanding visual field testing results.  While an updated examination and records were obtained, all of the requested visual field testing results were not.  The Board notes the RO provided the threshold testing results for the January 2012 visual field testing.  However, threshold testing results require medical expertise for interpretation.  VA regulations specify examinations of the visual fields must use the Goldmann testing.  38 C.F.R. § 4.77.  As of May 13, 2018, the requirements for an examination of the visual field were amended to no longer require a Goldmann chart.

As the Goldmann chart was not obtained the Board finds there has not been substantial compliance.  A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand.  Stegall v. West, 11 Vet. App. 268 (1998).  Therefore, the Board is remanding the case for compliance with the May 2021 directives.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records from August 2021 to the present.  

2. Obtain all Goldmann visual field charts and/or results for the visual field testing conducted since 2009, to include in January 2012, and any visual field testing results conducted since that time.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kass, 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.