Citation Nr: 21010240 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 18-50 083 DATE: February 24, 2021 ORDER The August 26, 2020 Board decision, to the extent that it denied entitlement to service connection for a right eye vision condition, is vacated. The August 26, 2020 Board decision, to the extent that it denied entitlement to service connection for a left eye vision condition, is vacated. REMANDED The issue of entitlement to service connection for a right eye vision condition is remanded. The issue of entitlement to service connection for a left eye vision condition is remanded. REASONS AND BASES FOR VACATUR The Veteran served on active duty from January 1964 to November 1967. In February 2020, the Veteran testified under oath at a videoconference hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. In October 2020, the Veteran filed a motion for reconsideration of the Board’s August 26, 2020 denial of service connection for bilateral vision condition. As explained below, the Board is vacating that portion of its August 26, 2020 decision. Accordingly, the Veteran’s motion for reconsideration is now moot. Vacatur The Board of Veterans’ Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on its own motion, when an appellant has been denied due process of law or has been granted benefits based on false or fraudulent evidence. 38 C.F.R. § 20.1000. The August 26, 2020 Board decision, inter alia, denied service connection for a right eye vision condition, as well as a left eye vision condition. However, the Board’s denial did not address, in its analysis regarding these two claimed disabilities, the Veteran’s conceded exposure to herbicide agents. Similarly, the Board did not address entitlement on a secondary basis. Accordingly, the Board will vacate its decision regarding these two issues. Having vacated that portion of the August 26, 2020 Board decision, the Board will once again review those issues below. (The August 26, 2020 Board decision, as it pertains to the other issues addressed therein, remains undisturbed.) REASONS FOR REMAND 1. Entitlement to service connection for a right eye vision condition. 2. Entitlement to service connection for a left eye vision condition. The Board finds that additional development is needed prior to final adjudication of the issues on appeal. First, the Board finds that VA treatment records should be obtained and associated with the claim file. The Board notes that a November 2020 VA treatment record indicates that the Veteran had a neuro-ophthalmology appointment scheduled for January 2021. The Board asks that these records be obtained upon remand. In addition, the Veteran should be scheduled for a VA examination to clarify his diagnosis and address the etiology of any diagnosed disabilities. The Board asks that an examiner specifically address VA treatment records that note “concern for giant cell arteritis, left.” See VA treatment record, November 2020. The Board notes that the Veteran has raised the contention that the claimed disabilities are connected to his conceded exposure to herbicide agents. He has also raised a theory of entitlement under secondary service connection. See Motion for Reconsideration, October 2020. The Board asks that an examiner address these contentions upon remand. The matters are REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issues on appeal. The Board notes that a November 2020 VA treatment record indicates that the Veteran had a neuro-ophthalmology appointment scheduled for January 2021. The Board asks that these records be obtained. All efforts should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 2. Upon completion of the above development, schedule the Veteran for a VA examination to clarify the diagnosis of his claimed right and left vision conditions and to address the etiology of any diagnosed disability(ies). For each disability diagnosed, the examiner is asked to address whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was caused by the Veteran’s active duty service. The examiner is asked to specifically address the following: (a) VA treatment records that note “concern for giant cell arteritis, left.” See VA treatment record, November 2020; and (b) the Veteran’s conceded exposure to herbicide agents. In addition, the examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that claimed right and left vision conditions are proximately due to, or the result of, or aggravated (permanently worsened) beyond normal progression by the Veteran’s service-connected hypertension and/or tinnitus disabilities. The VA examiner should be given access to the claim file. The examiner should state that a review of the claim file was completed. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. A detailed rationale is requested for all opinions provided.   3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.