Citation Nr: 21027636
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 14-29 314
DATE: May 6, 2021

REMANDED

Service connection for vision problems.

REASONS FOR REMAND

The appellant testified before the undersigned Veterans Law Judge (VLJ) in December 2019. A copy of the transcript has been associated with the record. In March 2020, the Board denied the appeal. The appellant appealed to the Veteran's Claims Court. In December 2020, the Court Clerk granted a Joint Motion for Partial Remand (JMPR). The issue has now been returned to the Board for further appellate action. 

In accordance with the JMPR, an addendum opinion must be obtained. Specifically, prior to his death, the Veteran was diagnosed with left eye choroidal nevus, bilateral cataracts, and eyelid injuries at a May 2012 VA examination. Service treatment records (STRs) also showed treatment for lacerations on his eyes after a fight in April 1966.

The examiner opined it was less likely than not that his conditions were related to the in-service injuries because they were mostly superficial lacerations and his eyes remained uninjured, without further complaints. The Court has found this rationale to be inadequate for adjudication purposes, and thus, an addendum opinion must be obtained in accordance with the JMPR. 

The matter is REMANDED for the following action:

Obtain an addendum opinion to address the etiology of the Veteran's vision problems. The claims file should be made available to and reviewed by the clinician. 

The clinician is asked to provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's vision problems were related to service. 

The clinician is asked to specifically consider and address if superficial lacerations could be the cause of the vision diagnoses exhibited by the Veteran prior to his death. 

A thorough rationale is required for any opinion rendered. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.