Citation Nr: 21014783
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 14-08 666
DATE: March 15, 2021

REMANDED

Entitlement to a compensable rating for postoperative residuals of cataracts is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1968 to April 1971.

While the Board regrets further delay, remand is necessary to ensure substantial compliance with prior remand directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  Specifically, the December 2019 Board remand directed the RO to obtain missing visual field charts (visual field testing performed using a Goldmann’s equivalent III/4e target) associated with the February 2018 VA examination, as required by 38 C.F.R. § 4.77(a).  Despite a statement to the contrary in the August 2020 supplemental statement of the case, the record does not show that these charts have been associated with the file, nor that any attempts were made to obtain the missing charts.  Therefore, remand is again necessary to attempt to obtain these charts.  

The matters are REMANDED for the following action:

Obtain any visual field charts associated with the VA eye examination conducted in February 2018.  Make at least two attempts to obtain the charts, and specifically document in the claims file all attempts made to obtain these records.  If further attempts would be futile, associate a memorandum with the record documenting this and the steps taken to obtain the charts.

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.