Citation Nr: 21010500
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 12-33 747A
DATE: February 25, 2021

REMANDED

Entitlement to an initial disability rating in excess of 20 percent for Brown syndrome of the left eye is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty with the United States Air Force from November 1997 to January 2010.  He had service in Iraq, Afghanistan, and Kosovo and is a recipient of the Air Medal and the Air Force Commendation Medal, among other decorations and awards.

This case was most recently before the Board in November 2020, at which time it was remanded for additional development.  The case has since been returned to the Board for appellate consideration.  Regrettably, for the reason discussed below, another remand is necessary.

Entitlement to an initial disability rating in excess of 20 percent for Brown syndrome of the left eye 

As noted in the Board’s November 2020 remand, VA treatment records show the Veteran underwent a non-VA care optometry consultation in February 2020.  A VA treatment note indicates that a report of the consultation was scanned into the Veteran’s medical record and may be reviewed in VistA Imaging.  Unfortunately, a copy of the report was not added to the Veteran’s claims file and was unavailable for review by adjudicators.  Therefore, the Board remanded the matter to the RO to obtain a copy of the February 2020 non-VA care optometry consultation report and associate it with the claims file.  

In a November 2020 letter to the Veteran, the RO asked the Veteran to submit a copy of the February 2020 non-VA optometry records.  There is no indication the RO took any other action to attempt to obtain the records.  The Board notes that because the report was scanned into the Veteran’s VA medical records, it is in VA’s constructive possession.  Therefore, it is VA’s responsibility to ensure the records are associated with the claims file.  The Veteran’s claim must be remanded again to ensure the records are added to the claims file and are available for review by adjudicators.

The matters are REMANDED for the following action:

1. Obtain a copy of the February 2020 non-VA care optometry consultation report and add it to the Veteran’s claims file.  The Board reminds the AOJ that the Board does not have access to VistA Imaging, so any documentation of the February 2020 non-VA optometry consultation report referenced in the May 2018 entry must be printed from VistA and uploaded / added to the Veteran’s VBMS or Virtual VA file. If the referenced consultation report cannot be obtained and associated with the claims-file for review, documentation to this effect must be clearly noted in the Veteran’s claims file and the Veteran must be duly notified.

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2. Then, readjudicate the Veteran’s claim in light of any additional evidence added to the claims file.  If the benefit sought remains denied, provide the Veteran and his representative a Supplemental Statement of the Case (SSOC) and return the case to the Board for appellate review.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. T. Raftery, 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.