Citation Nr: 21007969
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 17-37 922
DATE: February 11, 2021

REMANDED

Entitlement to service connection for a right eye disability, to include glaucoma, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1990 to May 1991 and from June 2006 to September 2007.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision by the Department of Veterans Affairs (VA).

In May 2019, the case came before the Board.  The Board denied entitlement to increased ratings for a cervical spine disorder and a lumbar spine disorder.  Lastly, the Board denied entitlement to service connection for a right eye disability.  

Following the Board’s decision, the Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court).  In September 2020, the Secretary of VA and a representative of the Veteran filed a Joint Motion for Partial Remand.  Initially, the Board notes that the Veteran did not challenge the portion of the Board’s decision that denied entitlement to increased ratings for a cervical spine disorder and a lumbar spine disorder.  As to the claim for entitlement to service connection for a right eye disability, the parties agreed that the Board did not provide an adequate statement of reasons or bases for its determination that the Veteran was not entitled to service connection for a right eye disability.  Specifically, the parties agreed that the Board failed to address evidence that may provide an indication that the Veteran’s eye disability is associated with his service.  Lastly, the parties agreed that a remand was necessary to determine whether a VA examination was necessary in order to address the nature and etiology of the Veteran’s claimed condition.  

1. Entitlement to service connection for a right eye disability, to include glaucoma, is remanded.

In the September 2020 JMPR, the parties agreed that the Board failed to adequately address the Veteran’s in-service complaints of right eye difficulties.  Moreover, the parties agreed that the Board failed to adequately address whether a   medical opinion was necessary to address the nature and etiology of the Veteran’s disability in light of his in-service complaints.  As a result of the JMPR, the Board finds that additional development is necessary, and that a remand is required in order to obtain a VA medical opinion prior to the Board’s further consideration of the claim on appeal.

The matters are REMANDED for the following action:

Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of the Veteran’s right eye disorder.  The electronic claims file must be reviewed by the examiner.  All indicated studies and testing must be conducted, and all pertinent symptomatology must be reported in detail.  After a review of the claims file, the examiner should provide answers to the following question:

Is it at least as likely as not (50 percent probability or greater) that the Veteran’s right eye disorder, to include glaucoma, had its onset in service or is caused by or related at least in part to her active service?

In providing all of the requested opinions, the examiner should consider the Veteran’s competent lay claims regarding the observable symptoms he has experienced.

The VA examination report must include a complete rationale for all opinions expressed.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Rescan, 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.