Citation Nr: 21007743 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 05-34 603 DATE: February 10, 2021 REMANDED Entitlement to a rating in excess of 50 percent for bilateral visual impairment post facial trauma with left ptosis, left hypertropia, left quadranopsia, and right temporal field defect (hereinafter “bilateral eye disability”) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from November 1968 to December 1972. This matter come before the Board of Veterans’ Appeals (Board) on appeal from an August 2004 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in February 2008, April 2010, September 2012, October 2013, March 2017, April 2018, and August 2020. Entitlement to a rating in excess of 50 percent for bilateral eye disability is remanded. The Board’s August 2020 remand directed the RO to obtain any outstanding VA and private treatment records from 2017 to the present and, in accordance with 38 C.F.R. § 3.159(e), notify the Veteran and his representative regarding the unavailability of the Veteran’s March 2013 visual field test. While the RO notified the Veteran and his representative in August 2020 correspondence as to the unavailability of the March 2013 visual field test, outstanding VA treatment records from 2017 to the present were not obtained. As such, a remand is required to obtain these treatment records in compliance with the Board’s August 2020 remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). Post-service VA treatment records from 2015 and 2016 also reflect that the Veteran reported a worsening in his vision since his last VA examination in November 2013. Specifically, the Veteran indicated that his right eye experienced an increase in blurriness which contributed to a decrease in visual acuity. Therefore, a new VA examination is needed to ensure that the record reflects the current severity of the Veteran’s bilateral eye disability. The duty to conduct a contemporaneous examination is triggered when the evidence indicates that there has been a material change in disability or that the currently assigned disability rating may be incorrect. See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994); see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matter is REMANDED for the following action: 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 VA treatment records from 2017 to the present, in compliance with the Board’s August 2020 remand directives. Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file. 2. Thereafter, schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and current severity of his service-connected bilateral eye disability. The Veteran’s electronic claims file must be accessible for review by the VA examiner in conjunction with the examination. A complete history from the Veteran should be obtained and recorded. All testing deemed necessary by the examiner should be performed and the results reported in detail. A detailed rationale for all opinions expressed should be provided. 3. 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.