Citation Nr: 21011182 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 10-39 341 DATE: March 1, 2021 REMANDED The issue of service connection for a left eye disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1971 to August 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2018 and September 2020, the Board remanded the issue on appeal for further development. As will be discussed below, a review of the record reflects that the Agency of Original Jurisdiction (AOJ) failed to substantially comply with the April 2019 Board’s Remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran contends that left eye vision loss is related to active service. See February 2009, VA 21-4138. In November 2020, a VA examiner opined the Veteran’s left eye disorder is less likely than not caused by or related to military service because “the cataract is independent of service.” The Board finds the VA examiner’s reasoning is not adequate as the examiner failed to clearly address the relevant facts and medical science to support the negative nexus opinion. The Board, accordingly, finds an addendum opinion is necessary. See November 2020, VA examination; see also Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007); Stegall, 11 Vet. App at 271. The claims file has VA treatment records through January 2021. On remand, any previously unobtained ongoing relevant medical records should be procured and associated with the Veteran’s claims file. The matter is REMANDED for the following action: 1. Obtain all outstanding records of VA evaluation and/or treatment records of the Veteran since January 2021 and associate them with the claims file. 2. After completing directive #1, obtain an addendum opinion for the November 2020 VA examination from the original VA examiner to determine the nature and etiology of a left eye disorder. If the original VA examiner is unavailable, a new examiner may be assigned. Examination of the Veteran is not necessary unless it is necessary to provide a reliable opinion. The examiner should review the virtual file and address the following: Whether it is at least as likely as not (50 percent or greater probability) that a left eye disorder manifested during or is otherwise related to the Veteran’s period of active service. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran’s reports of symptomatology, he or she must provide a reason for doing so. A comprehensive rationale for all opinions must be provided. All pertinent evidence, including both lay and medical, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training). JAMES L. MARCH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Straughn, Associate 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.