Citation Nr: 21027761
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 14-42 223
DATE: May 6, 2021

REMANDED

Entitlement to a rating higher than 0 percent for residuals of a right eye corneal injury with posterior vitreous detachment is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1975 to October 1984, and March 2003 to September 2005.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

In June 2018, November 2019, October 2020, and December 2020, the Board remanded the appeal for further development.

1. Entitlement to a rating higher than 0 percent for residuals of a right eye corneal injury with posterior vitreous detachment is remanded.

In November 2019, October 2020, and December 2020, the Board remanded for the purpose of obtaining additional VA treatment records, to specifically include the eye records were stored in the VistA Imaging system.  While the RO associated the same January 2013 treatment records, it does not appear that the noted images associated with these records were obtained.  In addition, the VA records show that the progress notes from the Veteran's private ophthalmologist were uploaded on February 1, 2013, but the record does not contain those notes.  A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand.  Stegall v. West, 11 Vet. App. 268 (1998).  Therefore, the Board is remanding the case for compliance with the December 2020 Remand directives.

In reviewing the May 2019 VA examination, the Board finds the visual field testing section incomplete.  The Board notes that examiner found the right eye was normal, and did not include any measurements for the right eye in the examination report.  The attached Goldmann chart shows a temporal measurement of more than 85 degrees.  However, the maximum is 85 degrees.  As this measurement exceeds the normal range, the Board finds additional testing is required.

The matters are REMANDED for the following action:

1. With any necessary authorization from the Veteran, obtain all of the relevant outstanding private treatment records, to specifically include records from Dr. Kwon.  All attempts to locate records must be documented in the claims file.

2. Obtain the Veteran's VA treatment records for the period from November 2020 to the present.  All records related to the Veteran's eyes which have been stored in VistA Imaging since 2009 must be obtained, to specifically include progress notes from Dr. Kwon uploaded on February 1, 2013, and all eye charts.

3. Schedule the Veteran for a VA eye examination to determine the current severity of a service-connected eye disability.  All necessary tests should be performed, and the results reported in detail.  The examiner should state all examination findings, with the rationale for the comments and opinions expressed.  The examiner should provide information to allow application of all applicable rating criteria during the appeal period, including the versions of the eye rating criteria effective prior to and as of May 13, 2018.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kass, 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.