Citation Nr: 21028049 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 15-46 191 DATE: May 10, 2021 ORDER Service connection for diabetic retinopathy of the left eye is granted. REMANDED Entitlement to service connection for eye disorders, other than diabetic retinopathy of the left eye and a pterygium, is remanded. Entitlement to an effective date earlier than June 3, 2010, for the award of nonservice-connected pension benefits is remanded. FINDING OF FACT The Veteran's current diabetic retinopathy of the left eye is caused by his service-connected diabetes mellitus. CONCLUSION OF LAW The criteria for service connection for diabetic retinopathy of the left eye have been met. 38 U.S.C. §§ 1131, 1112, 1154(a), 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Navy from May 1963 to October 1966, including service in the Republic of Vietnam. This matter is before the Board of Veterans' Appeals (Board) on appeal of an August 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), that denied service connection for a heart disorder and bilateral eye disorders, other than a pterygium. By this decision, the RO also granted nonservice-connected pension benefits, effective June 3, 2010. In April 2019, the Veteran appeared at a Board videoconference hearing before the undersigned Veterans Law Judge. In May 2019, the Board remanded the issues of entitlement to service connection for a heart disorder; entitlement to service connection for bilateral eye disorders, other than a pterygium; and entitlement to an effective date earlier than June 3, 2010, for the award of nonservice-connected pension benefits, for further development. Following the May 2019 remand, the RO determined that the Veteran was exposed to herbicides based on his nautical service in the offshore eligible waters while stationed aboard the USS Kitty Hawk as defined in the Blue Water Navy Vietnam Veterans Act of 2019. In December 2020, the Board denied service connection for a heart disorder, to include ischemic heart disease, and remanded the issues pertaining to an eye disorder and an earlier effective date for nonservice-connected pension. Service connection for diabetic retinopathy of the left eye is granted. In a September 2020 rating decision, the RO granted service connection for diabetes mellitus. On VA eye examination in December 2020, the examining optometrist diagnosed the Veteran as having mild nonproliferative diabetic retinopathy, left eye. Service connection may be granted for a disability that is proximately due to, or the result of a service-connected disease or injury. See 38 C.F.R. § 3.310. Here, the evidence clearly indicates that the Veteran's current mild nonproliferative diabetic retinopathy, left eye is proximately due to or the result of his service-connected diabetes mellitus. Accordingly, service connection for mild nonproliferative diabetic retinopathy, left eye is warranted. REASONS FOR REMAND 1. Entitlement to service connection for eye disorders, other than diabetic retinopathy of the left eye and a pterygium, is remanded. 2. Entitlement to an effective date earlier than June 3, 2010, for the award of nonservice-connected pension benefits is remanded. In its December 2020 remand, the Board directed the AOJ to obtain a medical opinion as to "whether it is as at least as likely as not that any currently diagnosed bilateral eye disorders . . . are related . . . presumed exposure to Agent Orange during service." See Board remand (December 2020). Neither the December 2020 medical examination report nor the January 2021 and March 2021 medical opinions address whether the Veteran's current eye disabilities are related to his presumed in-service exposure to an herbicide agent, to include Agent Orange. Accordingly, remand is necessary to obtain a medical opinion responsive to this inquiry in order to ensure substantial compliance with the Board's December 2020 remand directives. See Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007). Finally, as the Veteran's claim for entitlement to an effective date earlier than June 3, 2010, for the award of nonservice-connected pension benefits, is inextricably intertwined with his claim for service connection for eye disorders, those matters must be addressed together on remand. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: Obtain from the appropriate clinician an opinion as to whether it is as at least as likely as not that any of the following currently diagnosed eye disorders, other than diabetic retinopathy of the left eye and a pterygium, are related to his presumed exposure to Agent Orange during service: a corneal scar; keratoconjunctivitis sicca; atopic conjunctivitis; suspected glaucoma; incipient cataracts; incipient, senile cataracts; cortical, senile cataracts; dry eyes; an irregular astigmatism; a visual field defect; and ocular hypertension. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Joshua R. Castillo, 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.