Citation Nr: 21008071 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 14-28 186A DATE: February 11, 2021 REMANDED Entitlement to service connection for left eye disorders is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from December 1972 to November 1974. The matter initially arose from an April 2014 rating decision by the Atlanta, Georgia, Regional Office (RO) of the Department of Veterans Affairs (VA). The Board remanded the case for additional development in November 2019 and October 2020. In November 2017, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge. The transcript is of record. 1. Entitlement to service connection for left eye disorders is remanded. The October 2020 remand requested that the Agency of Original Jurisdiction (AOJ) obtain an addendum opinion to address whether the Veteran has left eye disability (left eye glaucoma) that is associated with a left eye injury during active service in March 1974 and to specifically address an American Optometric Association article submitted in April 2014. An opinion was obtained in November 2020. However, in determining that the Veteran did not have glaucoma, and thereby not providing the requested nexus opinion, the examiner did not address the pertinent evidence of record indicating diagnoses of early left eye glaucoma in February 2020 and August 2020. Such significantly weakens the overall probative value of the opinion. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). A remand by the Board confers on a veteran or other claimant, as a matter of law, the right to compliance with the remand orders. See Stegall v. West, 11 Vet. App. 268 (1998). Therefore, additional development is required prior to appellate review. The matters are REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician to address the following: 1. Whether the Veteran has currently or at any time during the appeal period left eye glaucoma or any other chronic disability of the left eye. 2. If glaucoma of the left eye is not diagnosed, the examiner must provide rationale for the negative conclusion, to include reconciling such a finding with records from February and August 2020 that diagnosed early left eye glaucoma. There should also be discussion as to whether there was a disability of the left eye that resolved during the appeal period. 3. If glaucoma of the left eye or any other chronic left eye disorder is diagnosed, the examiner should state whether it is at least as likely as not that it is related to the Veteran’s active service. a. The examiner must address the question whether the Veteran has left eye disability (left eye glaucoma) that is associated with a left eye injury during active service in March 1974. b. The examiner also must specifically address and discuss the pertinent evidence of record, including the American Optometric Association article submitted in April 2014. c. Rationale must be provided. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas 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.