Citation Nr: 21022353
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 12-34 959
DATE: April 15, 2021

REMANDED

Entitlement to an initial compensable disability rating for pseudotumor cerebri with optic disc edema, papilledema prior to April 1, 2019 is remanded.

Entitlement to a disability rating in excess of 10 percent for pseudotumor cerebri with optic disc edema, papilledema from April 1, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from May 2000 to May 2005.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in January 2017, October 2019, and October 2020.  In March 2014, the Veteran indicated in writing that he wished to withdraw his request for a videoconference Board hearing.  Accordingly, his videoconference Board hearing request is considered withdrawn.  38C.F.R. §20.704(e) (2019).

An April 2019 rating decision assigned a 10 percent disability rating for pseudotumor cerebri with optic disc edema, papilledema with an effective date of April 1, 2019.  As the rating periods regarding the Veteran’s bilateral eye disability prior to April 1, 2019 and from April 1, 2019 are not the maximum allowable, the issues remain on appeal.  AB. v. Brown, 6 Vet. App. 35 (1993).

1. Entitlement to an initial compensable disability rating for pseudotumor cerebri with optic disc edema, papilledema prior to April 1, 2019 is remanded.

2. Entitlement to a disability rating in excess of 10 percent for pseudotumor cerebri with optic disc edema, papilledema from April 1, 2019 is remanded.

In January 2020, the Veteran completed a VA Form 21-4142a to obtain private treatment records from Providence Neurological Specialties Milwaukie from August 2017 to the present, along with private treatment records from the Lasik Vision Institute from January 2019 to January 2020.  Review of the claims file reflects that private treatment records were obtained from the Lasik Vision Institute from January 2019 to January 2020 and from Providence Neurological Specialties Milwaukie for the period prior to August 2017.  VA has a duty to seek all outstanding private treatment records from Providence Neurological Specialties from August 2017 to the present, as the Veteran has indicated that he continues to seek treatment from this medical provider.  38 U.S.C. § 5103A(b)(1). 

The matters are REMANDED for the following action:

1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file, to specifically include private treatment records from August 2017 to the present from Providence Neurological Specialties Milwaukie, referenced in the Veteran's January 2020 VA Form 21-4142a.  Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file.

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2. After completing all indicated development, the Agency of Original Jurisdiction should readjudicate the Veteran’s claims.  If the benefits sought on appeal remain denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Houle, 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.