Citation Nr: 21026034 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 15-21 765 DATE: April 29, 2021 REMANDED A rating higher than 50 percent for bilateral pseudophakia, bilateral hypertensive retinopathy, and right eye epiretinal membrane is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1967 to June 1967 and from January 1985 to February 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Although the Board regrets further delay, remand is necessary to ensure proper development of the claim. In a March 2019 decision, the Board remanded the claim to obtain an updated examination, which was conducted in November 2019. At the examination, the examiner diagnosed bilateral pseudophakia, bilateral glaucoma and left eye macular scar. Regarding glaucoma, the examiner stated that the Veteran was asymptomatic and found that the Veteran’s decrease in visual acuity was left eye macular scarring, not glaucoma. Later, the examiner found that the Veteran’s decrease in visual acuity was due to glaucoma with history of retinal detachment, not pseudophakia. The Board finds that the examiner’s statements and findings contradictory and confusing. Further, the examiner opined that glaucoma and left eye macular scarring were new diagnoses and were not related to service-connected pseudophakia, hypertensive retinopathy, and/or epiretinal membrane. However, no rationale was provided for the conclusion reached. Given the above, the Board finds that remand is necessary to obtain a new VA examination and opinion. Barr v. Nicholson, 21 Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Obtain an opinion from a medical examiner who has not previously examined the Veteran. The Veteran should not be scheduled for an examination unless deemed necessary by the VA medical professional rendering an opinion on this claim. The examiner must review the claims file, including prior VA examinations, and should note that review in the report. The examiner is asked to determine which diagnosed eye disabilities cause the Veteran’s decrease in visual acuity or other visual impairment. The examiner is asked to provide an opinion on whether any non-service-connected eye disabilities diagnosed, including glaucoma and left eye macular scarring, are related to service-connected eye disabilities. Specifically, is it at least as likely as not (50 percent or greater probability) that any non-service-connected eye disability is due to or the result of service-connected eye disabilities? Is it at least as likely as not (50 percent or greater probability) that any non-service-connected eye disability has been aggravated (permanently increased in severity beyond the natural progression of the disability) by service-connected eye disabilities? A complete rationale for all opinions must be provided. JOHN Z. JONES 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.