Citation Nr: 21075875
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 10-00 882
DATE: December 21, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for bilateral glaucoma with cataracts (previously rated as bilateral glaucoma) prior to November 17, 2017; is remanded.

Entitlement to a disability rating in excess of 20 percent for bilateral glaucoma with cataracts from November 17, 2017; is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from September 1967 until his honorable retirement in December 1994.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2009 rating decision(s) by the Cleveland, Ohio Regional Office (RO) of the United States Department of Veterans Affairs (VA).

In August 2016, the Veteran testified at a videoconference Board hearing before a Veterans Law Judge (VLJ).  A transcript of the hearing has been associated with the record on appeal.  During the hearing, the undersigned held the record open for 30 days to allow for the submission of additional evidence.

In November 2021, the Veteran was advised that the VLJ is no longer with the Board and was afforded an opportunity to obtain an additional Board hearing.  The Veteran failed to respond to the November 2021 notification within the applicable time period and the Board shall now decide the case on the evidence of record.

In September 2017 and September 2019, the Board remanded the case to the RO for further development, including to obtain a new VA examination.

1. Entitlement to a disability rating in excess of 10 percent for bilateral glaucoma with cataracts (previously rated as bilateral glaucoma) prior to November 17, 2017 is remanded.

2. Entitlement to a disability rating in excess of 20 percent for bilateral glaucoma with cataracts from November 17, 2017 is remanded.

Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).

The Veteran was afforded a VA examination in August 2021.  The August 2021 VA examiner diagnosed the Veteran with bilateral cataracts.  See August 2021 VA examination, p. 3, Section I, Questions 1A and 1B.  However, in Section IV, the August 2021 VA examiner did not indicate that the Veteran had lens conditions, including cataracts.  See August 2021 VA examination, p. 7, Section IV, Question 1.  Furthermore, the August 2021 VA examiner failed to complete Section IV, Question 7, pertaining to lens conditions including cataracts.

For the above reasons, the Board finds that the August 2021 VA examination is incomplete and inadequate.  The missing information pertaining to the Veteran's cataracts is essential in deciding the Veteran's claim.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected bilateral glaucoma with diabetic cataracts.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

The VA examiner must complete all of the appropriate sections within the VA examination, including but not limited to Section IV, questions 1, 3, 5, and 7.  

 

 

M. Tenner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Deemer, 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.