Citation Nr: 21012438
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 15-15 357
DATE: March 4, 2021

REMANDED

Entitlement to an initial compensable evaluation for recurrent corneal erosion of the right eye is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1988 to February 1992. 

The Veteran testified before the undersigned Veterans Law Judge during a January 2018 videoconference hearing; a transcript is of record. 

The Board previously remanded the issue for further development in June 2018 and November 2019. The case has now been returned to the Board for appellate review.  

1. Entitlement to an initial compensable evaluation for recurrent corneal erosion of the right eye is remanded.

The Board remanded the case in November 2019 to afford the Veteran a VA examination to evaluate severity of his right eye disability especially during a flareup. Examinations on file at that time were not conducted during a flareup and/or did not provide sufficient information on incapacitating episodes. In the directive, the Board instructed the VA to work with the Veteran to schedule the examination during a flare-up. A VA examination was scheduled, but the Veteran canceled that examination. It isn’t clear from the document why.  Without any such explanation, the Board must conclude it could have been cancelled as there was no flare-up.  The Veteran’s representative makes this argument in his January 2021 brief.

The matters are REMANDED for the following action:

1. Work with the Veteran to schedule this examination during a flare-up of symptoms.  Document the scheduling process, to include any reasons for cancellation or rescheduling.

2. Provide the Veteran with an appropriate examination to determine the severity of the service-connected right eye disability.  The entire claims file must be made available to and be reviewed by the examiner.  Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis.  An explanation for all opinions expressed must be provided.  The relevant Disability Benefits Questionnaire must be utilized.

 

 

K. MILLIKAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Y. Taylor, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.